OUR GOVERNMENT 

LOCAL,STATE AND NATIONAL 


JAMES AND SANFORD 


NEW YORK EDITION 





Class 

Rook .. u ^ M 7 



COPYRIGHT DEPOSIT. 


1 

f 

I 

b. 









LIST No. 3793 - - - . PRICE, 80 CENTS 


EDITION fOR NEW YORK STATE AND CITY 

Our Government: Local, State and National 

FOR GRADES 5A-8B 

By JAMES A. JAMES, of Northwestern University, and ALBERT F. 
SANFORD, of the Stevens Point (Wis.) Normal School 


PREPARED BY DR, JAMES SULLIVAN 
OF THE HIGH SCHOOL OF COMMERCE 


The Course of Study (1906) and the New Syllabus will be found 
very exacting in the demands put upon any one text-book in Civics. 
You will find this book such that it might well have been the basis of 
the requirements. 

Grades PLEASE NOTE AND REFER TO PAGES 

5 A ) Duties of Citizens—see pages 27, 28 and 29, and Supplement 82-83. 
and > Duties of Public Officials: 

5B ) City or Town—seepages 20-24, and Supplement 65-68: 76-80. 

County—see pages 7-10, and Supplement 64-65. 

State—see Supplement 12-60. 

National—see pages 50-114 for Legislative: 115-156 for Ex¬ 
ecutive: 156-164 for Judiciary. 

Ethical Lessons throughout. 

6A Departments of the National Government. 

Legislative—Chapter VII., pages 50-65. 

Executive— “ . XIIL, “ 115-131. 

Cabinet— “ ' XV., “ 141-156. 

Judiciary— “ XVL, “ 156-165. 

Ethical Lessons throughout. 

6B City Government—see pages 19-31, and Supplement, Chapter 
IX., pages 71-85. 

State Government: 

Legislative—Chapter III. and IV., Supplement pages 12-32. 
Executive— “V., “ “ 32-38. 

Judiciary— “ VI., “ “ 38-49. 

Ethical Lessons throughout. 

7A Rise of Representative Government—see Chapters I-IV., pages 
1-18, and Chapter XIX,, 179-185. 

Ethical Lessons throughout. 

7B Comparison of Government of England and other countries with 
that of the United States—see Chapter XIX., pages 179-185. 
Ethical Lessons throughout. 

8A Forms of Colonial Government—see Chapter III., pages 13-19. 
Articles of Confederation—see page 37. 

Constitution of the United States—see Chapter VI., pages 40-49 
and pages 187-204. 

8B Amendments to the Constitution—Chapter XVIII., pages 175- 
178. 

Governments of the State and City of New York—Dr. Sullivan’s 
Supplement is thorough on these topics. 

By reason of the general usefulness of this book in all parts of the 
country, special important State editions have been required. 


CHARLES SCRIBNER'S SONS, J53-J57 Fifth Avenue 






* f * 
















4 





OUR GOVERNMENT 


LOCAL, STATE, AND NATIONAL 


BY 

J. A. JAMES, Ph.D. 

PROFESSOR OF HISTORY IN NORTHWESTEFN UNIVERSITY 

AND 

A. H. SANFORD, M.A. 

9 

PROFESSOR OF HISTORY, STATE NORMAL SCHOOL, STEVENS POINT 

WISCONSIN 


) 


NEW YORK 

CHARLES SCRIBNER’S SONS 

190s 


\ 



Vi J ! 


COPYRIGHT, 1903, BY 
CHARLES SCRIBNER’S SONS 



PREFACE. 


The subject-matter herewith presented partially repre¬ 
sents the plan pursued by the authors as teachers of civil 
government for a number of years in high school, acad¬ 
emy, and normal school. It has been found that a study 
of the methods by which the affairs of government are 
conducted gives constant interest to the work, conse¬ 
quently the practical side of government has been empha¬ 
sized. But while the desire has been to bring the actual 
working of the institutions under which the student lives 
into prominence, we have also attempted to give such 
accounts of the origin and early development of forms 
of government as will assist in explaining their process 
of growth. 

The arrangement is such that either Local (Part I), 
National (Part II), or New York Government (Part 
III) may be studied first. In the work on local govern¬ 
ment, it is not expected that the pupil will learn all of the 
different practices found in the various States but that he 
will compare them with those of New York State. 

In preparing the New York edition of Our Govern¬ 
ment, the authors have been fortunate in securing the co¬ 
operation of Dr. James Sullivan, of the High School 
of Commerce of New York City, who has contributed 
the supplement devoted to the Government of New York 
State. 


VI 


PREFACE. 


All of the topics mentioned in the syllabus on His¬ 
tory and Social Science, issued by the New York State 
Education Department, have been discussed. It is be¬ 
lieved, therefore, that a mastery of the contents of this 
book will enable the student to pass the Regents’ or the 
Civil Service examination in Civics. 


November i, 1905. 


CONTENTS. 


PART I. 

CHAPTER 

I. The Work of Local Government . 

II. County Government .... 

III. The Origin of Local Governments 

IV. The Government of Cities 

PART II. 

V. Events leading to the Formation of the Union 32 

VI. The Constitutional Convention .... 40 

VIL Organization of the Legislative Department . co 


VIII. Powers and Duties of the Separate Houses . 66 

IX. How Laws are made by Congress. • • • 73 

X Some Lmportant Powers of Congress ... 83 

XL Other General Powers of Congress ... 98 

XII. Powers denied the United States and the Sev¬ 
eral States .iii 

XIII. The Executive Department.115 

XIV. Powers and Duties of the President . . .131 

XV. The Cabinet. 141 

XVI. The National Judiciary. 156 

XVII. Territories and Public Lands . . . .165 

XVIII. Amendments to the Constitution . . . *175 

XIX. The Governments of the World .... 179 

vii 


PACB 

• I 

7 

• 13 

• 19 





CONTENTS. 


viii 

CHAPTER PAGE 

XX, International Law. i86 

XXI. Municipal Law. 197 

APPENDIX. 

A. Constitution of the United States .... 207 

B. The Articles of Confederation. 224 

C. Reference Books. 233 


INDEX 


235 



PART I. 


LOCAL GOVERNMENTS. 

CHAPTER I. 

THE WORK OF LOCAL GOVERNMENT. 

The Preservation of Order. — The first and most impor¬ 
tant function of any government is the preservation of 
order. We think of this function most frequently as exer¬ 
cised in the arrest of offenders who violate the law. In 
fact, most young persons receive their earliest ideas of 
government by seeing that embodiment of governmental 
authority, the policeman, or constable. But he is not the 
only officer who is concerned in the preservation of order. 
The police officer who makes an arrest cannot punish his 
prisoner, but must merely hold him until it is decided that 
he deserves punishment. This is the work of a court, 
with its justice, or judge, and the jury. If the prisoner is 
declared guilty, then the police officer executes the orders 
of the court by collecting a fine or by imprisoning him. 
We have here illustrated two divisions of governmental 
authority : (i) the judicial, which decides whether the law 
applies in particular cases; and (2) the executive, which 
carries out the requirements of the law and the orders of 
the court. 


B 


I 


2 


LOCAL GOVERNMENTS. 


Law-making. — The executive and the judicial officers 
are both subject to higher authority: the one applies and 
the other executes the law. The framing of the law con¬ 
stitutes the third function of government. This is the work 
of legislation, carried on by such bodies as the town board, 
the village board, and the city council. But.these law¬ 
making bodies do not possess independent authority; they 
are bound more or less strictly by the opinions of those 
who elected them to office; i.e. the body of voters. 

The Three Divisions of Government. — We say, then, 
that in our country government is based finally upon the 
zvill of the people. For the expression of their will they 
choose numerous officers, who may be grouped under three 
heads, corresponding to the general divisions of govern¬ 
ment: legislative, executive, and judicial. 

Just as it would be impossible for all the voters to take part in 
applying or interpreting the law, so it is in most cases impossible for 
them to assemble in a body and make the laws. They generally dele¬ 
gate this work to legislators; but in some States the voters of a town 
(or township) assemble yearly in town meeting, where all may take 
part in discussion and in voting. 

Roads and Streets. — The preservation of order is but 
one of the functions of government. In towns where the 
population is scattered, roads must be built, and it is still 
more necessary that in villages and cities, where many 
people live within a small area, streets should be graded 
and paved and sidewalks maintained. This is an illustra¬ 
tion of the way in which, through the machinery of govern¬ 
ment, people provide themselves with many conveniences 
that it would be impossible for each citizen to provide for 


THE WORK OF LOCAL GOVERNMENT. 


3 


himself. The legislative bodies already mentioned deter¬ 
mine the extent to which these things shall be done: the 
town board orders t^he laying out of a new road; the vil¬ 
lage. board or the city council passes ordinances saying 
what streets shall be paved and what materials shall be 
used in the work. 

^ Executive Officers, General and Special. — The actual 
execution of the work involved in public improvements 
is generally in charge of a special officer, such as the road 
or street comniissioner. But since there are many other 
matters of public concern that require attention,, each 
under the control of an executive officer, it is necessary 
that a general officer should be in authority over all of 
these as the chief executive of the local government. This 
officer i-s known by various titles, as, in the town the 
, chairman^ in the village the president, and in the city the 
mayor. In any case, he has all or most of the important 
executive work of government under his control. It is his 
duty to see that the laws are obeyed, so the police officers 
are subject to his orders. The chief executive is guardian 
of the people’s interests; for he must see that the minor 
officers do not injure the public welfare by neglect of duty, 
and he must defend the public from all persons who would 
encroach upon its rights. 

Let us now consider some of the other ordinary func¬ 
tions of local government 

The Poor. — Poor relief may be mentioned first. How 
much aid shall be granted to paupers, and how shall it be 
distributed, are questions that everywhere require attention. 


4 


LOCAL GOVERNMENTS. 


Public Health. — Public health is also an important sub¬ 
ject upon which local laws must be enacted. In cities, 
particularly, the council passes strict regulations for pre¬ 
venting the occurrence of diseases and for checking the 
spread of such as are contagious. City ordinances are 
also enacted regulating the construction of sewers and 
drains. The health commissioner and the city physicians 
are the particular officers who direct the execution of laws 
upon these subjects. 

Education. — Public education is among the most impor¬ 
tant of the local government’s functions. The free schools 
which exist everywhere in our country are supported and 
controlled chiefly by the towns, villages, and cities. In many 
States, however, there are other divisions, called school dis¬ 
tricts, which have boards and officers for this purpose. 

Other Necessary Functions. — Protection from fire is so 
important in communities where population is dense that 
special officers and apparatus must be provided. So, too, 
streets must be lighted, and a pure water-supply provided. 

Parks, Museums, and Libraries. — Besides the functions 
of government that are readily seen to be necessary, there 
are others which may not at first appear to be so. We 
have cities providing parks, with beautiful lawns and 
flower-gardens; museums, where articles of historical and 
scientific interest are kept; aquariums and zoological 
gardens; libraries, with books, magazines, and papers for 
the free use of all citizens. If one looks closely, he will 
see a reason in each case why the government undertakes 
these various enterprises. 


THE WORK OF LOCAL GOVERNMENT. 


5 


Why Taxes are Levied. — We have now to consider a 
power of government, without which none of the others 
so far enumerated could be exercised. This is the taxing 
power. In every instance money must be used by local 
governments in exercising their functions. Officers, who 
are agents of the people, depend largely upon taxes for 
their salaries. Taxes are levied by the legislative bodies 
that we have found in towns, villages, and cities. Other 
officers, assessors and treasurers^ determine the amount to 
be paid by each citizen and collect the taxes. The treas¬ 
urer also has custody of public money, and pays it out 
when ordered to do so by the proper authorities. 

All of the operations of government are matters of 
record. While each officer is expected to keep strict ac¬ 
count of the operations of his own department, the general 
records of towns, villages, and cities are kept by the clerks. 

This general view of local governments may now be 
summarized in two forms : — 

1 . The Functions of Local Government. 

1. Protection: — 

The preservation of order. 

Protection against fire. 

Protection of public health. 

2 . Providing Necessities and Conveniences : — 

Roads — Streets — Sidewalks. 

Water — Lights — Sewers. 

Poor relief — Education. 

Parks — Libraries — Museums. 


6 


LOCAL GOVERNMENTS. 


II. Officers of Local Government.^ 


TOWN. 

Board 
Chairman 
Clerk 
Treasurer 
Assessors 
Constables 
Road Commis¬ 
sioner 
Justices 


VILLAGE. 

Board 
President 
Clerk 
Treasurer 
Assessors 
Constables 
Street Commis¬ 
sioner 
Justices 


CITY. 

Council 

Mayor 

Clerk 

Treasurer 

Assessors 

Police 

Street Commis¬ 
sioner 
J ustices 


SUPPLEMENTARY QUESTIONS. 

Make a study of your local (town, village, or city) government. 

1. Group the officers as legislative, executive, and judicial, respec¬ 

tively. 

2. How many different methods are used in paying these officers ? 

3. Do all the voters ever assemble to make laws? If not, how is the 

will of the majority expressed ? 

4. What are some of the local regulations regarding the poor? 2 pub¬ 

lic health ? protection from fire ? 

5. Who pays for the education that young people receive in the public 

schools ? 

6. How much has your local government done toward furnishing 

things that are not merely conveniences ? How do you justify 
expenditures for these purposes ? 

7. Does the management of local government excite as much inter¬ 

est among the citizens as it should? 

8. In what ways are students directly interested in having efficient 

local governments ? 

1 The list here given is not complete, and the official titles are not the 
same in all States. 

2 For a general account under this topic, see James and Sanford, “ Govern¬ 
ment in State and Nation,” Chapter VIII. Health regulations are discussed 
in the same work, pp. 98 and 99. 


CHAPTER II. 


COUNTY GOVERNMENT. 

Why there are Counties. — If the local organizations 
discussed in the preceding chapter could attend to all the 
interests that citizens have in common, then government 
would be a much simpler matter than it is. But just as 
almost every citizen has business and social relations out¬ 
side of the immediate vicinity in which he lives, so differ¬ 
ent communities must have political relations with each 
other if they are to live in harmony. For this and other 
reasons, which we shall learn presently, county govern¬ 
ments are instituted. Their organization and functions 
correspond quite closely to those of the towns, villages, 
and smaller cities. 

Important County Officers. — The local governments can¬ 
not undertake alone the preservation of order or the protec¬ 
tion of citizens against criminals. We have, consequently, 
an important officer, the sheriff, who with his deputies has 
power to make arrests. There is also the judicial side of 
county governments, seen in the court, with its judge. In 
this court another county officer, called the district or 
State's attorney, prosecutes persons who are accused of 
crime; i.e. he finds and presents in the trial evidence 
of the prisoner’s guilt. 


7 


8 


LOCAL GOVERNMENTS. 


Functions of County Government. — Public highways are 
also matters of more than local concern. When an expen¬ 
sive bridge is to be built, or an important road in which 
several communities are interested is to be constructed, 
the county government can best raise the money and 
manage the work. So, too, in caring for the poor, the 
county may aid the local governments, or it may assume 
entire charge of the paupers, and maintain a poorhouse. 

The County Board. — It is evident that there must be 
a legislative body which shall determine the policy of the 
county in these matters. This is the county board, or as it 
is called in some States, the county court. In most States 
this body is composed of commissiono's. These are elected 
by either of two methods: (i) at large, when every voter 
may vote for the entire number of commissioners; (2) they 
may be elected from districts into which the county has 
been divided. In some States the members of the county 
board are called supervisors, and they represent the towns, 
villages, and wards of cities. Under this system the county 
board is generally larger than under the commissioner sys¬ 
tem. There is another difference between the two systems : 
in the States that have county commissioners, the county 
government has more extensive functions than in the other 
States. That is, county government has almost entire con¬ 
trol of such matters as roads and poor relief, leaving the 
local governments with little authority in these directions. 
On the other hand, where the supervisor system exists, the 
towns and villages have chief authority in legislating upon 
these matters, and the county assists or takes only such 
part as it finds necessary for the general good. 


COUNTY GOVERNMENT. 


9 


Power of the Board. — The county board holds annual 
meetings and legislates for the county as a whole. It has 
charge of the county property, including the court-house, 
jail, and poorhouse. Since it must provide for the ex¬ 
pense of maintaining these buildings, for the salaries of 
county officers, and for other expenses connected with 
roads, poor, and, other county business, the board must 
also have the power of levying taxes. 

Superintendent of Schools. — Education is another func¬ 
tion of government which is not managed solely by the 
local units. There is a county officer, called the superin¬ 
tendent of schools^ who has supervisory powers, and he 
usually examines teachers and certifies to their qualifica¬ 
tions. 

Register of Deeds. — The register of deeds^ or recorder^ 
is a county officer who keeps records of certain kinds. 
Among other things, copies of deeds are registered or kept 
in his office. A person wishing to buy real estate {i.e. 
houses or lands) may, by consulting the records in this 
office, learn whether the owner has a clear title to the 
property. 

Coroner. — The coroner has the duty of holding inquests 
when persons meet death by violence or in some unex¬ 
plained way. He may also perform the duties of the 
sheriff when the latter is incapacitated. 

Surveyor. — The county surveyor makes surveys at the 
request of public authorities, as well as for individuals. 
He keeps the official records of the boundaries of farms 
and lots. 


10 


LOCAL GOVERNMENTS. 


Clerk and Treasurer. — Of course the county must have 
its clerk and treasurery the customary officers whose duties 
are, respectively, to keep the records and to handle county 
moneys. 

We may now pass in review the principal features of 
county government: — 

I. Legislative. 

1. County Boards : — 

Commissioner type 
Supervisor type 

2 . Functions: — 

County buildings Roads and bridges 

Poor — Education Taxation 


II. Executive and Administrative Officers. 
Sheriff and Deputies 
Clerk 
Treasurer 
Register of Deeds, 
or Recorder 


Attorney 

Superintendent of 
Schools 
Coroner 
Surveyor 


(In some States, Assessors and Collectors of Taxes, 
and Auditors.) 

III. Judiciary. 

County Court District Court 


Relations of Local Officers to State Law. — There are 
other reasons than those already given why States are 
divided into counties. One is because, in the performance 


COUNTY GOVERNMENT. 


II 


of their duties, the county officers act as agents for the 
State; that is, they carry out the requirements of State 
law in their own localities. For example, criminals are 
brought to trial and punished under State law, but it is 
administered by local or county officials. So the surveyor, 
superintendent of schools, register of deeds, and other 
officers act under State laws. While it seems best to 
have one general law for the State upon important sub¬ 
jects, it is also the policy of our government to intrust the 
execution of the law, in most cases, to local rather than to 
State officials. These officers, being elected by the people 
of the various localities, feel their responsibility more 
keenly than if they obtained office by appointment from 
State authorities. The counties, then, are administrative 
districts of the State, made for convenience in the manage¬ 
ment of those governmental matters which are uniform 
throughout the State. In the control of those matters 
which affect but one locality, the county authorities are 
free to follow their own policy, within the limits of State 
law. 

What has been said concerning the relation of the county 
to the State government is true to a considerable extent 
concerning the town, village, and city governments. Here, 
too, elections are held, taxes are collected, and trials are 
conducted by local officers in accordance with State law. 
Indeed, it is true that these local divisions owe their ex¬ 
istence to State law. Towns are laid out, villages and 
cities are incorporated, in accordance with the provisions 
of laws enacted by State legislatures. The State is the 
source of all the authority exercised by the officers and 
governing bodies of these local governments. 


12 


LOCAL GOVERNMENTS. 




SUPPLEMENTARY QUESTIONS. 

Make a study of your county government. 

1. Outline the officers in groups, as on p, 6. 

2. Learn the important duties of each officer. 

3. Are officers paid by fees or by salaries ? Which is the better 

method ? 

4. What is the length of the term for which each county officer holds 

his position ? 

5. How many members constitute the county board ? Are they 

commissioners or supervisors ? When do the meetings of the 
board occur ? 

6. Obtain a copy of the county board’s report and ascertain what im¬ 

portant business has been transacted. 

7. What buildings has the county at the county seat ? Does it own 

property elsewhere ? 

8. What process is followed in laying out a new town ? in the incor¬ 

poration of a village ? 

REFERENCES. 

1. An account of local government in Illinois, Iowa, Michigan, and 

Pennsylvania is found in Bryce, The American Commonwealth, 
Vol. I, 572-581 (6oi-6io).i 

2. The functions of local government are discussed in Holt, Talks 

on Civics, Chapter I; Ashley, The American Federal State, 397- 
400; Bryce, The American Commonwealth, Vol. I, 586-589 (616- 
619). 

1 References to Bryce are given in duplicate; pages enclosed in parentheses 
refer to the third edition, 1896. 


CHAPTER III. 


THE ORIGIN OF LOCAL GOVERNMENTS. 

The Source of our Local Governments. — The systems of 
local government which have been described did not spring 
up spontaneously, nor were they established arbitrarily. 
There are reasons to be found in the history of their 
origins which explain many of their details. We shall 
now see how local government grew in the colonies, for 
here we have the beginnings of the systems that are in 
operation to-day. 

Everywhere in the colonies the English settlers adapted 
to their new environment the ancient customs of the 
mother-country. Differences in physical geography, and 
in the character and motives of the colonists, caused differ¬ 
ences in the resulting local governments. This fact is best 
illustrated by an account of what took place in New Eng¬ 
land and in Virginia. 

The Method of Settlement in New England. —These col¬ 
onies were settled by emigrants who came, in the main, 
from the same classes of Englishmen. The New Englanders, 
however, were Puritans. The church and its services were 
a very important part of their daily lives. The require¬ 
ment of church attendance was one reason for grouping 
their homes near the meeting-house. Moreover, the region 

13 


14 


LOCAL GOVERNMENTS. 


in which they settled had a stony soil, difficult to cultivate. 
Their farms required careful cultivation, and therefore 
could not be very large. The New Englander was content 
to live near the coast. Access to the interior was not 
easy, for the rivers, with few exceptions, were short and 
rapid. The sea fisheries tempted the settlers to remain 
near the coast, and fishing, with ship-building and com¬ 
merce, became their important industries. 

Town Meeting and Officers. — For these reasons New 
England was a region of small farms and towns, and the 
local government which grew up was adapted to these 
conditions. The voters of each town (or township) met 
annually, or oftener, in “town meeting.” Here their com¬ 
mon local affairs were discussed and regulated. The 
church, the schools, roads, the poor, and many other 
matters were under the complete control of this meeting, 
and of the officers elected by the assembled voters. These 
officers were the selectmen, — a board having general super¬ 
vision of the town affairs, — the clerk, treasurer, assessors, 
fence viewers, constables, and numerous others. 

The County in New England. — Because the people lived 
in towns and could most easily regulate their affairs through 
the machinery of town government, they had no counties 
whatever at first; but these were soon established, though 
merely for judicial purposes. The governor appointed 
justices who held court in each county. 

The distinctive features of New England local govern¬ 
ment, then, were (i) its democratic character, seen par¬ 
ticularly in the town meeting ; and (2) the fact that nearly 


THE ORIGIN OF LOCAL GOVERNMENTS. 


15 


all local affairs were managed by the town government, 
leaving but one important function, and that judicial in 
its nature, for the county. 

The Settlement of Virginia. — In the colony of Virginia 
we find conditions that bring about entirely different results 
in the organization and workings of local government. 
Here the settlers were not bound by religious or other 
ties into compact social bodies as the Puritans were. Na¬ 
ture in Virginia held forth many inducements for the set¬ 
tlers to live apart, so that nearly all their attempts to form 
cities and towns failed. The cultivation of tobacco, of 
course, explains this to a large extent. The fertile soil 
and the ease of raising this product led to the formation 
of large plantations. The broad rivers made progress into 
the interior remarkably easy, while the necessity for towns 
as shipping ports was almost completely obviated by the 
use of private wharves at the various plantations. The 
rich planters dominated the social and political life of the 
colony, and local government fell under their control. 

The Importance of the County.—Now, of the various 
local organizations to which the Virginians had been accus¬ 
tomed in England, the one best adapted to their condition 
in the colony was the county. So they copied the English 
county and made it their chief organ of local government. 
The principal governing body was the county court, com¬ 
posed of justices appointed at first by the governor of the 
colony. The court had both legislative and judicial func¬ 
tions. It managed such matters as roads, licenses, and taxa¬ 
tion ; it also tried civil and criminal cases. Other county 


l6 LOCAL GOVERNMENTS. 

officers were the sheriff and the lieutenant, the latter being 
commander of the militia. 

The Parish and the Vestry. — That part of the Virginia 
local government which corresponded to the New England 
town was the parish; but it is apparent that few functions 
remained to be exercised in this, their smallest political 
organization. The counties were generally composed of 
several parishes. The governing body of each was the 
vestry; it had charge of church affairs and of poor relief. 
The members of the vestry and also the justices of the 
county court were not elected periodically by the people, 
as the town officers were in New England. On the con¬ 
trary, both the vestry and the county court filled vacancies 
in their own number, without popular election. 

This fact serves to illustrate the general truth that local 
government was democratic in New England and aristo¬ 
cratic in Virginia; in the former colony the mass of voters 
participated most actively in local government, while in the 
latter a few men constituted the ruling class. This does 
not mean that local affairs in Virginia were badly managed, 
for the leading men were on the whole intelligent and pub¬ 
lic spirited; and in the years of the Revolution they were 
among the foremost in the defence of American liberties. 
In New England, however, it was noticeable that the mass 
of voters were intelligent and understood the practical 
management of political affairs — a result which doubtless 
came largely from their training in the town meeting. 

The Three Types of Local Organization. — We have now 
seen that in New England the town had the most impor- 


THE ORIGIN OF LOCAL GOVERNMENTS. 17 

tant functions of local government, and this is called, 
therefore, the town type; while in Virginia the county 
absorbed the greater share of governing powers, and there 
we find the cotmty type. Virginia influenced the colonies 
that lay south of her, so that the county type prevailed 
also in the Carolinas and Georgia. In the middle colo¬ 
nies there existed both counties and towns, and here there 
was a much more equal division of powers between these 
organizations. Hence we call theirs the mixed or town¬ 
ship-county type of local government. 

Local Government in the West. — The people who mi¬ 
grated to the new States west of the Alleghanies carried 
with them the forms of local government which have just 
been described as growing up in the colonies. This state¬ 
ment needs some modification, for nowhere in the West 
was the pure town type adopted. Everywhere in the 
North we find the mixed type, while the Southern States 
have, in general, the county type. In the latter the 
county commissioners, elected at large or from precincts, 
together with other county officers, exercise most of the 
local powers of government. 

Two Forms in the North. — In the greater number of 
the States that have the mixed type, the county is gov¬ 
erned by a board of commissioners elected by either of 
the methods just mentioned as prevailing in the South. 
In a few States (such as Michigan, Illinois, and Wiscon¬ 
sin), the county board is composed of supervisors, who 
represent the towns, villages, and wards of the county. 
Here we find the town meeting, copied after that of New 




i8 


LOCAL GOVERNMENTS. 


England or New York, and the town government has 
more functions than in those States where commissioners 
compose the town board. 

Local Self-government. — Such is the way in which local 
government has come about in the various States of the 
Union. Rooted in the systems that Englishmen have 
developed through the centuries, adapted to the new life 
and the peculiar conditions of the colonial period, it has 
spread with the population throughout the land. The 
different practices of the States testify to the way in which 
habits persist in government, as in other phases of life. 
The management of local affairs by the people and their 
chosen representatives is a sound principle of government 
which holds a firm place in every part of our country. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Which type of local government exists in your State ? Can you 

account for its origin ? 

2. Is the system of local government uniform throughout your State ? 

If so, why is this true ? If not, can you account for the lack 
of uniformity? 

3. The following references are useful in studying the history of local 

government: Thwaites, The Colonies, 55-58; Fisher, The Colo¬ 
nial Era, 60, 99, 167; Channing, The United States of America, 
37-38; Hart, Formation of the Union, 11-13; Bryce, The 
American Commonwealth, Vol. I, 561-565 (589-593); Bancroft, 
History of the United States, Vol. I, 285-286, 449; Ashley, The 
American Federal State, 390-396. 

4. Which is the best type of local government ? Is it becoming more 

common? Bryce, Vol. I, 591-592 (621). 



CHAPTER IV. 


THE GOVERNMENT OF CITIES. 

The General Plan of City Government. — The general 
framework of city government is not very different from 
that of the other governmental divisions. There are the 
legislative, executive, and judicial departments, whose 
organization and functions are stated in the charter, or 
fundamental law of the city. -The city legislature is the 
council or board of aldermen. In most cases this body is a 
single house, though in some cities there are two houses. 
The members are elected from the wards into which the 
city is divided. The council may pass ordinances for the 
government of the city, but it is limited in the extent of its 
powers by the terms of the city charter. 

City Charters granted by Legislatures. — The source of 
the charter is the State legislature. In most States the 
constitution provides that the legislature shall pass general 
laws prescribing the framework of all cities, or of the 
classes into which the cities of a State may be divided, 
according to their population. These laws also contain 
regulations that are safeguards against the abuses of 
municipal government, such as excessive taxation and 
the accumulation of debts. The requirement of general 
laws secures uniformity in the essential features of city 

19 


20 


LOCAL GOVERNMENTS. 


government, and it prevents the practice, which is other¬ 
wise liable to prevail, of constant interference by State 
legislatures, in the affairs of certain cities. Such special 
laws should be enacted with great caution, if at all, for 
when a legislature regulates the affairs of a particular city, 
it too often does so at the request of persons or corpora¬ 
tions having advantages to gain at the expense of the 
public.^ 

The Mayor. — The chief executive of the city is the 
mayor. He is the head of the police department and has 
more or less authority over the other administrative depart¬ 
ments to be discussed later in this chapter. In the cases 
of both mayor and aldermen, the facts concerning their 
terms, salaries, and other details vary so greatly in differ¬ 
ent cities that no general description is possible. 

The city judiciary includes the ordinary State courts and 
also special or municipal courts of various degrees. 

Other City Officials. — Besides the officers enumerated, 
every city has its clerk, treasurer, attorney, and assessors. 
The auditor, or comptroller, is an important official who 
controls city finances. 

Administrative Departments. — The greatest difficulties 
of city government arise in connection with the numerous 
administrative departments; these are quite complex in 
their operation. In large cities the number of officials 
and the variety of their duties render it almost impossible 

1 In some States where the constitutions require general laws applying to 
classes of cities, single cities have been put in classes by themselves ; so the 
legislature has virtually governed them by special laws. This practice has 
been declared illegal in Ohio. 


THE GOVERNMENT OF CITIES. 


21 


for the average citizen to inform himself concerning these 
affairs; consequently, opportunities for fraud and misman¬ 
agement occur frequently. 

Why, it may be asked, is such complex machinery neces¬ 
sary in municipal government ? It is because social and 
industrial conditions (that is, the circumstances under which 
men live and work) are quite different from those that pre¬ 
vail in towns and villages; and city government must be 
adapted to these conditions. 

Conditions peculiar to City Life. — Let us notice some of 
the ways in which this is true, (i) The mere fact that 
population is dense increases the possibility that a citizen 
may interfere with the rights of his neighbors, even in the 
conduct of legitimate business. (2) There is greater lia¬ 
bility that public health and safety may be endangered, 
both in the homes and in the industrial establishments of 
cities, than in less densely settled communities. (3) The 
opportunities for evil-doing and for concealment that exist 
in cities draw to them a larger proportion of the vicious 
classes who need control and suppression. (4) Finally, in 
cities it is less easy than in the country for each family to 
supply itself with certain conveniences, such as water, 
light, and transportation; consequently, the government 
must regulate to some extent the supply of these neces¬ 
sities. 

These are some of the conditions that are peculiar to 
city life; and we find here the reasons why the govern¬ 
ment in a city must undertake a large number of functions. 
At every point the safety of the citizen and his property 
must be guarded; and in a great many ways the conven- 


22 


LOCAL GOVERNMENTS. 


iences of life must be supplied by the city or under the 
control of city officials. Thus we account for the fact that 
city government is complex — the principal source of the 
difficulties and the evils that we find in connection with 
administrative departments. 

Fire and Police Departments. — The number and the 
organization of administrative departments vary consider¬ 
ably in different cities. Everywhere we find the police, 
fire, and health departments. Fire departments are, as a 
rule, very efficient; for the citizens will not tolerate laxness 
in the protection of their property. The efficiency of 
police departments varies greatly in different cities. When 
the selection of police officers is on a political basis, the 
standards are apt to be low, and the way is opened for 
police connivance with the violators of the law. Instances 
have been known where policemen received, regularly, 
money payments from law-breakers for immunity from 
arrest. The detection of this form of corruption is diffi¬ 
cult ; nevertheless its continuance in a flagrant form is 
evidence of public apathy. In other cities, on the other 
hand, the police force is maintained upon a high standard. 
Sometimes civil service reform methods are used in the 
selection of policemen; the passing of an examination is 
necessary for appointment. This, with a fair system of 
promotions, should render a police force more like a mili¬ 
tary organization in its relation to the enforcement of law. 

The Health Department. — The department of public 
health has duties that are of vital importance. Sewerage 
systems, sanitation, and the water-supply are the chief 


THE GOVERNMENT OF CITIES. 


23 


objects of its inspection. Health officers also have powers 
which enable them to detect and prohibit the sale of im¬ 
pure foods.' The milk-supply should receive its particular 
attention, for the purity of this product is an important 
matter. The enforcement of strict health regulations in 
the crowded tenement districts of large cities is very 
difficult; but the neglect of these matters by city officials 
is nothing less than criminal. 

The Department of Streets. — This department, which has 
in charge the construction of streets and pavements, affects 
the convenience of every citizen. Here vast sums of 
money are expended, sometimes wisely, and sometimes 
under the supervision of officials who are deficient in 
the technical knowledge required by this kind of work. 
Opportunity for dishonest handling of public money may 
be found in the letting of contracts and in the purchase 
of supplies. Street cleaning has received comparatively 
little attention in American cities. In this respect we 
are far behind many European cities. This is because 
the relation of clean streets to public health, and to civic 
beauty, is not fully appreciated by the average citizen of 
our country. 

Public Charities. — The administration of public chari¬ 
ties is everywhere a difficult matter, and, naturally, its 
difficulty is greatest in large cities, where we find the 
greatest number of those who seek relief. Two problems 
confront the department of public charities: (i) How can 
it distinguish between those who actually need assistance 
and those who do not.^ (2) How can it help those who 
need assistance temporarily, without weakening their de- 


24 


LOCAL GOVERNMENTS. 


sire to become self-supporting ? The same problems must 
be solved by the citizen in connection with his private 
charities. In general, it may be said that charity is most 
judiciously dispensed by private organizations, in charge 
of trained workers, who can investigate all cases of appli¬ 
cation for aid. 

The Public Schools. — Public education is another de¬ 
partment of municipal activity.^ The expenditure of public 
money for this purpose is not stinted. The scope of 
our educational institutions is constantly being enlarged; 
courses in commerce, manual training, and domestic 
science are intended to strengthen the practical side of 
the curriculum. In some cities special schools are main¬ 
tained for the defective classes and for truants. 

Libraries, Parks, and Playgrounds. — The educational 
advantages furnished by the city are not for the children 
alone. Public libraries and museums serve adults as well. 
Recreation is provided by means of parks, public play¬ 
grounds, and open-air gymnasiums. These will become 
more common when their educational influence is more 
fully appreciated. 

Committees or Boards. — The important questions that 
arise in connection with administrative departments are, 
how shall they be organized ? and how shall the officers who 
control them be appointed } Two general methods prevail: 
(i) In the smaller cities the members of the council are 
grouped into committees^ which have charge of the various 
administrative departments. In large cities there are boards 


1 This subject is also treated in the chapter on Public School Systems. 


THE GOVERNMENT OF CITIES. 


25 


or commissioners^ distinct from the council, and these may 
be composed of salaried officers. In either case the board 
may employ a superintendent to take charge of the work 
under its jurisdiction. The principal criticism which can 
be offered against this method of managing administrative 
departments is that responsibility cannot be definitely lo¬ 
cated. No single member of a board or commission will 
assume responsibility for mismanagement; and when re¬ 
sponsibility is divided among several persons, none of them 
feels it very strongly. 

(2) Single Heads of Departments. —As a remedy for this 
defect, administrative departments in some cities are placed 
under the control of single officers. These are given au¬ 
thority to appoint their subordinates, and they are held 
strictly accountable for the management of the depart¬ 
ment. Responsibility is further concentrated in some cities 
by giving the mayor power to appoint these heads of 
departments. 

Qualifications of City Officers. — Grave questions are in¬ 
volved in these matters of organization, but the efficiency 
of city government depends in the greatest measure upon 
the character of the officers who are placed in power. We 
need to recognize the importance, in city affairs as in pri¬ 
vate business, of securing officials who are qualified by 
training and by successful experience to serve the public. 
Economy and honesty in municipal government cannot be 
expected when politics alone determines appointments to 
office. The establishment of civil service examination sys¬ 
tems in certain cities ^ is a step in the right direction. 

1 Some of these are New York, Chicago, and Milwaukee. 


26 


LOCAL GOVERNMENTS. 


Public Utilities. — Besides the administrative depart¬ 
ments already enumerated, we have in large cities those 
which control the supply of water, light, and transportation 
facilities. The industries furnishing these necessities may 
belong to the city, but in most cases they are owned by 
individuals and corporations.^ Even then they should be 
subject to strict regulation by the city, for several reasons: 
(i) These industries make use of public streets. The right 
to do this is granted by the council in a franchise. (2) The 
product that is supplied being in each case a necessity, it 
is the duty of the city government to protect the citizens 
from any abuse or inconvenience that may arise in con¬ 
nection with it. (3) In nearly every case the industries 
in question are monopolies; i.e. competition between rival 
plants is not possible. For this reason the public may 
suffer either from high rates or from imperfect service. 


The Granting of Franchises. — The control of public ser¬ 
vice corporations, as those are called which supply water, 
light, and transportation, may be secured in several ways : 
(i) Franchises should be granted for terms not longer than 
twenty years. The profits of these industries increase very 
rapidly with the growth of population ; consequently, it 
should be possible to compel the reduction of rates and 
the enforcement of other conditions favorable to the pub¬ 
lic, at the end of a short term of years. (2) Adequate 
means should be provided for enforcing the terms of 
franchises. Neglect of this makes possible serious abuses. 
(3) The accounts of the corporations that have franchises 


1 On this topic, see “Government in State and Nation,” pp. 36-39. 


THE GOVERNMENT OF CITIES. 


27 


should be made public, so that the people may know 
whether the profits are excessive. 

The Question of Municipal Ownership. — The opinion is 
gaining ground that no amount of municipal control will 
eliminate the evils of private ownership in these industries.. 
Since they are “ natural monopolies,” it is argued they 
should be operated by the city government. This opinion 
is seen to have great weight when we consider the cor¬ 
ruption and the lack of attention to the public welfare that 
accompany the granting of franchises to corporations. The 
bribery of aldermen and the granting of valuable privileges 
without compensation are frequent occurrences. On the 
other hand, the facts that venal officers are elected in our 
cities, and that they ignore public interests with impunity, 
raise a very serious question whether they should be in¬ 
trusted with the management of great industries, such as 
water and lighting plants and street-car systems. 

Reasons for Poor City Government. — Other arguments 
may be made on both sides of this question of municipal 
ownership; but there are fundamental reasons why the cities 
of the United States are, on the whole, poorly governed, 
which must receive consideration before this question can 
be settled. The conditions accounting for the evils of 
municipal government may be briefly stated as follows : 
(i) City governments are necessarily complex, and, in their 
administrative departments especially, a multitude of de¬ 
tails must receive attention. Citizens find it difficult to 
understand these transactions and even more difficult to 
follow them closely. (2) City governments must spend 


28 


LOCAL GOVERNMENTS. 


vast sums of money,^ and this fact constitutes a standing 
temptation to dishonest men, both in and out of office. 
(3) The rapidity with which cities have grown has in¬ 
creased the difficulty of their problems.^ (4) Individuals 
and corporations have found it necessary to secure fran¬ 
chises from cities for the operation of important industries; 
this has opened many opportunities for corruption in city 
affairs. (5) The presence of large numbers of foreigners^ 
who are ignorant of governmental affairs has enabled cor¬ 
rupt politicians to exert undue influence upon the voters in 
city elections. 

The Reform of Municipal Governments. — Having re¬ 
viewed the principal causes for the evils of municipal gov¬ 
ernment, let us now consider some of the conditions that 
are necessary for bringing about reforms. 

(1) National politics should be entirely divorced from 
city affairs. It may be impossible to prevent the nomina¬ 
tion of candidates by the regular political parties; but 
within each party local issues, not national, should deter¬ 
mine the selection of candidates. At the polls, the voter 
should cast his ballot independent of party considerations. 

(2) Public interest in municipal affairs and the existence 
of a strong civic pride are conditions that are essential to 
the election of good officers and to the purity of city gov¬ 
ernment. 

(3) Fundamental to the establishment of better munici- 

1 Statistics of expenditures of New York, London, Paris, and Philadelphia 
are given in “ Government in State and Nation,” p. 33. 

2 Yet European cities have grown with almost equal rapidity and are, on 
the whole, well governed. See ibid., p. 43. 

3 See statistics of foreign population in American cities, ibid., p. 40. 


THE GOVERNMENT OF CITIES. 


29 


pal governments is the recognition by every citizen of his 
responsibility^ not only on election day, but on every occa¬ 
sion when his influence can be exerted for the detection 
of wrong, the punishment of corrupt officials, and the 
encouragement of better things in all departments of city 
life. This means unselfishness in one’s attitude toward 
the public welfare; it means willingness to sacrifice time 
and effort in the public service. The example set by many 
eminent persons who have devoted themselves unselfishly 
to the accomplishment of reforms in our great cities may 
well be imitated by every citizen in the smaller affairs 
of his city or his ward. And the younger generation of 
citizens, who are yet students in the public schools, may 
exert no little influence toward the betterment of the city; 
and they may aid in the formation of that better public 
sentiment without which no improvement in our standards 
of municipal government is possible. 

SUPPLEMENTARY QUESTIONS. 

Outline for the study of your city government. 

1. Was the city organized under a general law of the State, or was it 

granted a special charter? Does the legislature enact special 
laws for the city ? 

2. The mayor: term, salary. What are his principal powers? Should 

his responsibility be increased ? 

3. The council or board of aldermen: number of members, term of 

office, manner of election, compensation ? 

4. The municipal courts and judges. 

5. Administrative departments: make a complete list of these. Are 

they controlled by boards or by single officers? How do the 
officers obtain their positions ? Are they paid salaries ? Of what 
business does each have charge ? 

6. How are the water, lighting, and street-car plants managed ? Do 


30 


LOCAL GOVERNMENTS. 


you believe in the municipal ownership of any of them? Give 
reasons for your opinion. 

7. How do police officers receive appointment ? If an officer fails to 

enforce an ordinance, what course would you take to secure its 
enforcement ? 

8. Are party lines closely adhered to by voters in city elections ? Are 

independent party organizations formed ? Are they successful ? 

9. What can you learn of reform movements that have taken place in 

your city’s history ? Give the causes for the success or failure 
of these. 

10. What is the cost of your city government per annum ? Is it 

economically administered ? What are the principal items 
of expense ? Has the city other sources of revenue besides 
taxation ? 

11. What are the excellent features of your city’s government ? What 

are its faults ? How may the latter be corrected ? 

12. Mention some ways in which students can assist in bringing 

about better conditions in your city. 

REFERENCES. 

1. What are the general causes of bad city government in the United 

States? Bryce, Vol. I, 608-614 (637-644). 

2. What reform measures have been suggested? Bryce, Vol. I, 614- 

619 (644-649). 

3. National politics in local affairs. Holt, Talks on Civics, 360-366. 

4. General accounts of city government, Bryce, Vol. I, Chapters 50 

and 52; Ashley, The American Federal State, Chapter 21. 

5. Among the most useful books on municipal government are Conk- 

ling, City Government in the United States ; Wilcox, The Study 
of City Government ; and Devlin, Municipal Reform in the 
United States. 

6. Problems of Municipal Government, N. Am. Rev., 172:751-763; 

Arena, 24: 589-593. Responsibility in City Government, Forum, 
28: 469-481 ; Arena, 27: 39-46. Council and Mayor, Atl. Mo., 
88:391-397. Municipal Situation in Ohio, Forum, 33 :430-437. 
Charter Needs of Great Cities, N. Am. Rev., 170:850-856. The 
Poor in Cities, N. Eng. Mag., 25 : 63-73. Municipal Art, Harper’s 
Mag., 100: 655-666. Public Untidiness, Forum, 33 : 322-332. 


THE GOVERNMENT OF CITIES. 


31 


7. Municipal Ownership, N. Am. Rev., 172:445-455 ; Arena, 25: ig8- 

209; Forum, 32:201-216; Atl. Mo., 88:463-482; Cen. Mag., 
60:311-312; Outlook, 66:502-508; 70:726-727; Rev. of R’s, 
23 :468-470. 

8. Reform of City Governments, Atl. Mo., 87: 583-587; Arena, 27: 

174-178. Chicago, Nation, 70 : 411-412 ; Rev. of R’s, 21: 736-737. 
The Chicago Voters’ League, Outlook, 71: 495-498. 


PART II. 


THE NATIONAL GOVERNMENT. 

CHAPTER V. 

EVENTS LEADING TO THE FORMATION OF THE UNION. 

Colonial Relations. — Why was union so long delayed } 
How was it finally accomplished ? These are always ques¬ 
tions of great interest to the student of American govern¬ 
ment. We note the general indifference toward union 
among the colonies before the Revolutionary War. This 
may be partially accounted for by the fact that each 
colony had its own separate government, and was jealous 
of all outside interference. Lack of good roads and 
methods of travel made extensive communication be¬ 
tween the scattered settlements difficult. Prejudice against 
strangers, and especially those of a different religious 
belief, was common. Bonds of sympathy, however, be¬ 
tween the citizens of different colonies were not wholly 
lacking. Their language and customs were mainly Eng¬ 
lish. Their chief desire was to develop a government 
according to their own plans. Common interests were at 
times created because of the necessity for providing pro¬ 
tection against their Indian, French, and Dutch foes. In 


32 


EVENTS LEADING TO FORMATION OF UNION. 33 

general, we may say, Confederation was early brought 
about through need for defense, but union has been the 
result of two centuries and a half of growth. 

Union of the New England Colonies, 1643. — A notable 
attempt was made to form a confederation among the 
colonies in 1643. It is known as the New England 
Confederation, and included Massachusetts Bay, New 
Plymouth, Connecticut, and New Haven colonies. Their 
united energies were necessary to furnish protection against 
dangers from the Indians. The Dutch and PTench also 
tended constantly to encroach upon their rights. The 
governing body of this confederation was a board of 
commissioners. In the annual meetings of the commis¬ 
sioners, two being sent from each colony, questions of 
war, relations with the Indians, and other matters of 
mutual interest were discussed. But this central govern¬ 
ment possessed advisory powers only. The colonies were 
to provide for their own local government. The confed¬ 
eration became constantly weaker, and was finally dis¬ 
solved in 1684. Seventy years were to elapse before the 
call was sent out for a meeting of delegates from all the 
colonies at Albany, but the influence of the New England 
Confederacy was felt, no doubt, during that period. 

The Albany Congress, 1754. — Open hostilities with their 
enemies became more and more frequent. From the out¬ 
break of King William’s War, in 1689, to I 754 > the date 
of the Albany Congress, there were at least a dozen inter¬ 
colonial conferences called to consider means for the 
common defense. Plans for union were also prepared. 
The most interesting is that of William Penn. In it, the 


D 


34 


THE NATIONAL GOVERNMENT. 


word “ Congress ” is used for the first time in connection 
with American affairs. As the final struggle with France 
for the possession of America was about to begin, a “ Con¬ 
gress ” of twenty-five of the leading men from seven differ¬ 
ent colonies met at Albany. They were called, primarily, 
for the purpose of making a treaty with the Iroquois 
Indians. This object secured, the resolution was then 
unanimously adopted that, “ A union of all the colonies is 
at present absolutely necessary for security and defense.” 
Franklin’s famous plan providing for a permanent federa¬ 
tion of all the colonies was also adopted. When submitted 
to the colonies, it failed to receive the ratification of a 
single one. Nor was it acceptable to the English govern¬ 
ment. Said Franklin, “ The assemblies all thought there 
was too much prerogative, and in England it was thought 
to have too much of the democratic.” 

The Stamp Act Congress, 1765. — After the passing of 
the stamp act by the English government, the Massachu¬ 
setts house of representatives invited the other colonial 
assemblies to send delegations to a general congress. Nine 
colonies responded by sending twenty-eight men to the 
congress in New York City, October 7, 1765.^ During the 
session of two weeks, these delegates drafted petitions to 
the English government and declared that the rights of the 
colonists were the same as those of the natural-born sub¬ 
jects of England. It is noteworthy that representatives 
had again assembled on the motion of the colonists them¬ 
selves. The growth of common interests was well ex- 

1 Virginia, New Hampshire, Georgia, and North Carolina sympathized with 
the movement, but did not send delegates. 


EVENTS LEADING TO FORMATION OF UNION. 35 

pressed by Christopher Gadsden of South Carolina, when 
he said: “There ought to be no New England man, no 
New Yorker, known on the continent; but all of us Amer¬ 
icans.” 

Committees of Correspondence. — Nine years were to go 
by before the meeting of another congress, but the colo¬ 
nists were prepared for a united effort at the end of this 
period. No sooner were the contents of the Townshend 
acts of 1767 known, than Massachusetts issued a circular 
letter to the other colonies, asking for combined action 
against all such unconstitutional measures. The other 
colonial assemblies agreed with Massachusetts. Another 
movement which made the Revolution possible was begun 
by Samuel Adams. In November, 1772, he prevailed 
upon the Boston town meeting to appoint a committee 
which should carry on a correspondence with committees 
organized in other towns of that colony. Rights and 
grievances were the chief subjects for consideration. Other 
colonies adopted this plan. Led by Virginia, the idea was 
carried one step farther, and in 1773 were formed com¬ 
mittees of correspondence between the different colonies. 
Thus, they were prepared for united action in the First and 
Second Continental Congresses. 

The First Continental Congress, 1774. —When the coercive 
acts of 1774 had been passed, Massachusetts, now in great¬ 
est need, called for a congress of all the colonies. Delegates 
from all, Georgia^ excepted, assembled at Philadelphia, Sep¬ 
tember 5, 1774. In the Declaration of Rights, and in the 


1 Georgia was in sympathy with this movement. 


36 


THE NATIONAL GOVERNMENT. 


adoption of the Articles of Association, they gave full ex¬ 
pression to colonial sentiment. They commended the 
resistance of the people of Massachusetts. They de¬ 
clared that all “ America ought to support them in their 
opposition,” if force should be used in carrying out the 
measures of Parliament. 

The Second Continental Congress, 1775.—Before adjourn¬ 
ing, the First Continental Congress provided for the meet¬ 
ing of another Congress, in May, 1775, unless the causes 
for colonial grievances should be earlier removed by the 
English government. But other measures of repression 
were quickly passed, and before the Second Continental 
Congress met, the Battle of Lexington had been fought 
and the American forces were blockading Boston. This 
congress convened in Philadelphia May 10, 1775, and con¬ 
tinued in session, with adjournments from time to time, 
until May i, 1781. All of the colonies were represented. 
Like previous congresses, this was, at first, merely an ad¬ 
visory body, but necessity compelled it to act as a real 
government. It took control of military affairs, provided 
for a currency, threw open American ports to the ships of 
all nations, and did whatever else the necessities of the 
time seemed to demand. Having been appealed to for 
advice, this congress took a most notable position in recom¬ 
mending that new forms of government should be estab¬ 
lished in the several States. By the year 1777, ten States 
had framed new constitutions. It furthered independence 
by appointing a committee to draft resolutions based on 
the ideas of independence then everywhere present. The 
Declaration of Independence was the result. 


EVENTS LEADING TO FORMATION OF UNION. 37 

The Articles of Confederation. — Franklin early saw the 
need for a more effective government than that of a revo¬ 
lutionary assembly. On July 21, ly/S? he presented to 
congress a plan for “perpetual union.” Nearly a year 
elapsed before a committee was appointed to prepare 
some form for confederation to be entered into between 
the colonies. Another period of a year and five months 
was to go by before the report of this committee was 
adopted by the Continental Congress. It was then 
submitted to the State Legislatures for approval. After 
three years and a half, on March i, 1781, Maryland, the 
last State, was induced to ratify the Articles of Confedera¬ 
tion. The adoption of these Articles is one of the most 
important events in the history of our Nation. While the 
Articles of Confederation must always be regarded as a 
weak instrument of government, we must not forget that 
the Continental Congress was then working out problems 
in the province of government that were almost wholly 
new. The solution, faulty as it was, went far to establish 
the place of the written Constitution as a basis for govern¬ 
ment. 

Said John Fiske: “Almost everything else in our fundamental in¬ 
stitutions was brought by our forefathers in a more or less highly 
developed condition from England; but the development of the written 
Constitution, with the consequent relation of the courts to the law¬ 
making power, has gone on entirely upon American soil.” 

Practical Working of the Government. — Conditions soon 
proved the Articles unsatisfactory. The States were almost 
independent of the- central government. There was no 
separate executive power to enforce, and no judiciary to 
interpret the laws. The nation was deep in debt, and 


38 


THE NATIONAL GOVERNMENT. 


without means for payment. Paper money of the period 
was worthless, and debtors were rebellious. Disputes 
between the various States brought them to the verge of 
civil war. Each State had its own system of duties and 
imposts, which led to great confusion in commerce. No 
important resolution could be passed in Congress without 
the votes of nine States. No amendment was possible, 
except by the votes of all the States. Congress became 
constantly weaker as various members resigned to accept 
positions under State authority. In that most dangerous 
period of our history, extending from 1783 to 1788, aptly 
called the “ critical period,” it became constantly more 
apparent that government under the Articles of Confedera¬ 
tion was a failure. Fortunately, in this hour of gloom, 
there came forward Washington, Hamilton, Madison, and 
other leaders, who were prepared, if need be, to make 
compromises, but who were determined to preserve the 
elements of the union already secured. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. How was the Stamp Act regarded in the different colonies as 

shown by the addresses made and resolutions offered? Hart, 
Contemporaries, II, 395-411 ; Tyler, Patrick Henry (American 
Statesmen), Chapters 5 and 6. 

2. Do you know of other instances in our history where a stamp act 

has been passed ? How was it regarded ? In what ways was it 
different from that of 1765 ? 

3. What was the origin of the Committees of Correspondence and 

how did they aid in unification ? Sloane, The French War and 
the Revolution, 161, 162; Hart, Formation of the Union, 57. 

4. Analyze the Declaration of Independence, and select from it the 

causes for the Revolution. 

5. Why was the adoption of the Articles of Confederation so long 


EVENTS LEADING TO FORMATION OF UNION. 39 


delayed.? Hart, Contemporaries, II, 539 - 543 ; Fiske, The Criti¬ 
cal Period, 93, 95; Walker, The Making of the Nation, 6; Hart, 
Formation of the Union, 93-95. 

6. Read the Articles of Confederation (Appendix B). 

(a) How was the Congress composed? 

(&) The number necessary for a quorum ? 

(c) The powers of Congress ? 

(d) Powers of the separate States ? 

7. Defects of the Confederation. Hart, Contemporaries, II, 591-603. 

8. What was the attitude toward union during the period 1783-1788 ? 

Were there notable bonds of union even at this time ? What 
other influences have increased this sentiment ? Fiske, Critical 
Period, 55-63; Walker, The Making of the Nation, 7, 8. 

9. President Roosevelt said, in an address delivered April 9, 1902, at 

Charleston, S.C., “ When four years ago this nation was com¬ 
pelled to face a foreign foe, the completeness of the reunion be¬ 
came instantly and strikingly evident.” What is his meaning? 
How does the statement illustrate the point emphasized in this 
chapter, that a common danger produces union ? 

10. Describe the character of the money used in 1783 and succeeding 
years. What was its influence ? Fiske, Critical Period, 162-186. 


CHAPTER VI. 


THE CONSTITUTIONAL CONVENTION. 

Events Leading to the Constitutional Convention. — 
Among the many difficulties that arose during the period 
of the Confederation, were constant disputes between Vir¬ 
ginia and Maryland over the navigation of the Potomac 
River and Chesapeake Bay. Finally, in March, 1785, 
commissioners from these States met at Alexandria to con¬ 
sider these difficulties. The outcome of the meeting was 
that Virginia called for delegates from all of the States to 
meet for the consideration of the commercial relations of 
the entire country. Delegates from five States only were 
present at Annapolis on the day appointed, September ii, 
1786. Nothing permanent could be accomplished with 
so few States represented. Before adjourning, however, 
they agreed to a resolution, framed by Alexander Hamil¬ 
ton, which proposed the calling of a convention at Phila¬ 
delphia to amend the Articles of Confederation. 

The Federal Convention, 1787 ; Delegates. — All of the 
States, Rhode Island excepted, were finally represented in 
this, one of the most notable conventions in the history of 
the world. Among the fifty-five delegates assembled were 
many who had already been conspicuous in public affairs. 
They were the choice men of the States from which they 

40 


THE CONSTITUTIONAL CONVENTION. 


41 


came. Twenty-nine of the number were university men. 
Washington and Franklin were present, and Washington 
was unanimously chosen president of the convention. 
Neither of these men took an active part in the debates; 
but their presence gave inspiration to the other members, 
and they had untold influence at critical times. Among 
the ablest members were Alexander Hamilton of New 
York; James Madison of Virginia; Oliver Ellsworth and 
William S. Johnson of Connecticut; James Wilson and 
Gouverneur Morris of Pennsylvania; Rufus King of Mas¬ 
sachusetts ; and Charles C. Pinckney of South Carolina. 

Our Knowledge of the Convention. — The Convention lasted from 
May 25 to September 17, 1787. The sessions were secret. Fortu¬ 
nately we are not dependent on the Secretary’s report alone for our 
knowledge of the meetings.^ Mr. Madison seemed to understand the 
full meaning of the Convention from the first, and decided to give an 
accurate account of the proceedings. He wrote: “ Nor was I unaware 
of the value of such a contribution to the fund of materials for the his¬ 
tory of a Constitution on which should be staked the happiness of a 
people great even in its infancy, and possibly the cause of liberty 
throughout the world.” His notes were purchased by the government 
from Mrs. Madison in 1837, for the sum of thirty thousand dollars. 
They were published as ‘‘‘Madison’s Journal of the Constitutional 
Convention.” 

Plans for a Government; Virginia Plan. — The magnitude 
of the labors of this Convention can be understood only 
when we read the report of the discussions as given by 
Madison. It was at once determined that no time should 
be lost in patching up the Articles, but that a new Con¬ 
stitution should be formed. Two sets of resolutions were 
early submitted, each setting forth a plan of government. 

1 It was published in 1819 as a part of Volume I of “ Elliot’s Debates.” 


42 


THE NATIONAL GOVERNMENT. 


The Virginia plan was largely the work of Mr. Madison. 
It provided for the establishment of a national government 
with supreme legislative, executive, and judicial powers. 
The legislative power was to be vested in a Congress ot 
two separate houses. The executive was to be chosen by 
both houses of Congress, and the judiciary by the Senate. 
Representation in both houses of Congress was to be based 
on population or the contributions to the support of the 
government. This scheme was fiercely attacked by the 
delegates from the small States, for it would clearly give 
control into the hands of the more powerful States. 

The New Jersey Plan. — The New Jersey plan, presented 
by Mr. Patterson of that State, was agreed upon by the 
members from Connecticut, New York, New Jersey, Dela¬ 
ware, and Maryland. This Small State plan, so called, 
provided for a continuance of the government under the 
Articles of Confederation. They were to be revised in 
such a manner as to give Congress the power to regulate 
commerce, to raise revenue, and to coerce the States. The 
Small State party insisted that the Virginia plan, if adopted, 
would destroy the sovereignty of the States. They would 
rather, they said, submit to a foreign power than be de¬ 
prived of equality of suffrage in both branches of the 
Legislature. Madison, Wilson, King, and other leaders of 
the Large State party declared that the basis for the new 
government was to be the people and not the States; that 
it would be unfair to give Delaware as many representa¬ 
tives as Virginia or Pennsylvania. After many days of 
fruitless debate, a compromise, sometimes called the “ First 
Great Compromise,” was presented and finally adopted. 


THE CONSTITUTIONAL CONVENTION. 


43 


This provided that the House of Representatives should’ 
be composed of members elected on the basis of popula¬ 
tion. In the Senate, large and small States were to be 
equally represented. 

The Slavery Problem; Second Compromise.— How was 
the number of the representatives to be found.? Were 
slaves to be counted as a part of the population.? A heated 
debate arose over these questions. The delegates from 
South Carolina maintained that slaves were a part of the 
population and as such should be counted. The answer 
was made that slaves were not represented in the Legisla¬ 
tures of that and other States; that slaves were regarded 
in those States merely as so much property, and as such 
ought never to be represented. Finally, when it seemed 
that the work of the Convention must fail, a compromise, 
known as “the three-fifths compromise,” was accepted. 
This provided that five slaves were to be counted as three 
free persons. 

The Third Compromise. — Slaves and commerce fur¬ 
nished the basis for a third compromise. South Carolina 
and Georgia desired to have the foreign slave-trade contin¬ 
ued. Some of the other Southern States and the Northern 
States generally were opposed. The New England mem¬ 
bers were anxious that the National government should 
have complete control of foreign commerce. This was re¬ 
sisted by some of the Southern delegates, who feared that 
the importation of slaves might thereby be prohibited. 
Finally, a compromise was agreed upon which gave Con¬ 
gress power over foreign and interstate commerce, but 
forbade any act which might prohibit the importation of 


44 


THE NATIONAL GOVERNMENT. 


slaves before 1808. It was also agreed that a tax of ten 
dollars each might be laid on all slaves imported. While’ 
the entire Constitution may be said to be made up of com¬ 
promises, the agreement upon these three rendered the 
further work of the Convention possible. 

Signing the Constitution. — Gouverneur Morris was se¬ 
lected to give the document its final form. The clear, sim¬ 
ple English used is due largely to him. After thirty-nine 
members, representing twelve different states, had signed 
the Constitution, the Convention adjourned. While the 
last signatures were being written, Franklin said to those 
standing near him, as he called attention to a sun blazoned 
on the back of the President’s chair: “ I have, often and 
often, in the course of the session, and the vicissitudes of 
my hopes and fears as to its issue, looked at that behind 
the President, without being able to tell whether it was 
rising or setting; but now, at length, I have the happiness 
to know that it is a rising and not a setting sun.” 

Difficulties of Ratification. — The Convention submitted 
the Constitution to Congress. Here, for eight days, it was 
attacked by its opponents. Finally, Congress passed it 
on to the State Legislatures, to be sent by them to State 
conventions. This process of ratification was provided 
for by Article 'VII of the Constitution, as follows: The 
ratification of the conventions of nine States shall be snfift,cient 
for the establishment of this Constitution between the States 
so ratifying the sameT 

The period included between September 28, 1787, when 
Congress transmitted the Constitution to the State Legis¬ 
latures, and June 21, 1788, when New Hampshire, the 


THE CONSTITUTIONAL CONVENTION. 


45 


last of the necessary nine States, ratified, was one of the 
most critical in our history. Political parties, in a truly 
National sense, were formed for the first time. Among 
the leaders who defended ably the views of those who 
opposed the ratification of the Constitution were Patrick 
Henry, Richard Henry Lee, Elbridge Gerry, and George 
Clinton. It was urged that there was no Bill of Rights,^ 
that the President would become a despot, and that 
equality of representation in the Senate was an injustice 
to the larger States. “ Letters from the Federal Farmer,” 
prepared for the press of the country by Richard Henry 
Lee, set forth clearly the views of the Anti-Constitutional 
party. 

“ The Federalist.” — No influence was more noteworthy in bringing 
about ratiflcation than a series of political essays afterward collected 
under the name of “The Federalist.” It is considered to-day the best 
commentary on the Constitution ever written. Alexander Hamilton 
originated the plan, and wrote 51 of the 85 numbers. James Madison 
wrote 29, and John Jay 5. 

The Influence of Washington. — Washington was again a giant in 
his support of the Constitution. In a letter to Patrick Henry he early 
sounded an effective note of warning against anarchy, expressing the 
very fear that Anally led many in the conventions to vote for the Con¬ 
stitution. He wrote: “I wish the Constitution which is offered had 

lA Bill of Rights, in which the idea of the rights of man were set forth, 
was a significant part of nearly all the State constitutions. Englishmen, 
generally, had been familiar with the formal statement of these principles since 
1689, when William and Mary accepted the Declaration of Rights as a condi¬ 
tion of their receiving the crown of England. During the same year. Parlia¬ 
ment gave the Declaration of Rights the form of a statute, under the name of 
the Bill of Rights. Among other rights it demanded that the king, without the 
sanction of Parliament, should not raise an army, secure money, or suspend 
the laws; also, that the right of petition, freedom in the exercise of religion, 
and equality under the laws were to be granted all subjects. 


46 


THE NATIONAL GOVERNMENT. 


been more perfect; but it is the best that could be obtained at this 
time, and a door is open for amendments hereafter. The political con¬ 
cerns of this country are suspended by a thread. The convention has 
been looked up to by the reflecting part of the community with a solici¬ 
tude which is hardly to be conceived, and if nothing had been agreed 
upon by that body, anarchy would soon have ensued, the seeds being 
deeply sown in every soil.” 

Ratification Secured. — Delaware, the first State, ratified 
December 6, 1787, without a dissenting vote. Pennsyl¬ 
vania, New Jersey, Georgia, and Connecticut followed 
quickly. Much depended on the action of the Massachu¬ 
setts convention. After prolonged debate, the delegates 
were finally influenced by the statement that amendments 
might be made, and they ratified the Constitution by a 
vote of 187 to 168. The ninth State was secured in the 
ratification by New Hampshire, June 21, 1788. It was 
not until November 21, 1789, however, that North Carolina 
voted to accept the Constitution. Rhode Island held out 
until May 29, 1790. 

The New Government put into Operation.—When the 
ratification of the ninth State had been secured, Congress 
appointed a special committee to frame an act for putting 
the Constitution into operation. It was enacted that the 
first Wednesday in January should be the day for appoint¬ 
ing electors; that the electors should cast their votes for 
President on the first Wednesday in P'ebruary, and that on 
the first Wednesday of March the new government should 
go into operation. It was not until April i that a 
quorum was secured in the House of Representatives, and 
in the Senate not until April 6. The electoral votes 
were counted in the presence of the two houses on 


THE CONSTITUTIONAL CONVENTION. 


47 


April 6 } The inauguration of President Washington 
did not take place, however, until April 30. 

Origin of the Constitution. — Before making a study of 
this epoch-making document, let us inquire briefly as to its 
origin. An analysis of the Constitution shows that there 
are some provisions which are new, and that English 
precedent had an influence. The main features, however, 
were derived from the constitutions of the States with 
whose practical workings the delegates were familiar. 
The following well-known statement is an excellent sum¬ 
mary : “ Nearly every provision of the Federal Constitu¬ 
tion that has worked well is one borrowed from or 
suggested by some State constitution; nearly every pro¬ 
vision that has worked badly is one which the convention, 
for want of a precedent, was obliged to devise for itself.” 

Authority and Objects of the Constitution. — It was evi¬ 
dently the intention of the framers of the Constitution to 
found a government deriving its authority from the 
people rather than from the States. The purposes for 
which this was done are set forth in the following enacting 
clause, commonly called the Preamble : — 

“ We, the people of the United States, m 07 'der to form a 
more perfect nniofi, establish justice, insure domestic tra^i- 
quillity, provide for the common defense, promote the general 
ivelfare, and secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Constitution for 
the United States of AmericaP 

^ New York did not choose electors. North Carolina and Rhode Island, 
as we have seen, had not ratified the Constitution. 


48 


THE NATIONAL GOVERNMENT. 


This clause was attacked vigorously by the opponents of • 
the Constitution, and especially in the Virginia and the 
North Carolina conventions. Said Patrick Henry : “And 
here I would make this inquiry of those worthy characters 
who composed a part of the late Federal Convention. . . . 

I have the highest veneration for those gentlemen; but, 
sir, give me leave to demand what right had they to say, 
‘We, the people’.^ . . . Who authorized them to speak 
the language of. We, the people, instead of. We, the States ? 
If the States be not the agents of this compact, it must be 
one great, consolidated, national government of the people 
of all the States.” It was argued, on the other hand, by 
Randolph, Madison, and others, that the government, 
under the Articles of Confederation, was a failure, and 
that the only safe course to pursue was to have a govern¬ 
ment emanating from the people instead of from the 
States, if the union of the States and the preservation of 
the liberties of the people were to be preserved. 

SUPPLEMENTARY QUESTIONS AND READINGS. 

1. For an account of the members of the Convention, see Hart, Con¬ 

temporaries, III, 205-211. 

2. For the contributions of the individuals and the classes of dele¬ 

gates, see Walker, The Making of the Nation, 23-27; Fiske, 

Critical Period, 224-229. 

3. Discuss the peculiar conditions in Massachusetts. Give the argu¬ 

ments presented. Walker, 56-57; Fiske, Critical Period, 316- 

331 - 

4. How was the Constitution regarded in Virginia? Walker, 58, 60; 

Fiske, Critical Period, 334-338. 

5. What was the attitude of the New York Convention toward the 

Constitution? Fiske, Critical Period, 340-345. 

6. What objections were made against the Constitution in North 

Carolina? Hart, Contemporaries, III, 251-254. 



THE CONSTITUTIONAL CONVENTION. 


49 


7. What would have been the status of North Carolina and Rhode 

Island if they had not ratified? Walker, 73, 74; Hart, Forma¬ 
tion of the Union, 132, 133. 

8. Show the influence of the State constitutions on the Federal Con¬ 

stitution. James and Sanford, Government in State and Na¬ 
tion, 135. 

9. For other questions on the material in this chapter, see Fiske, 

Civil Government, 211, 212; James and Sanford, Government 
in State and Nation, 136, 137, 138. 




CHAPTER VII. 


ORGANIZATION OF THE LEGISLATIVE DEPARTMENT. 

Article I. 

A Congress of Two Houses. — Section i. A// legislative 
powers^ herein granted^ shall be vested in a Congress of the 
United States, which shall consist of a Senate and House 
of Representatives, 

In the Constitutional Convention, the Pennsylvania dele¬ 
gates were the only ones who objected to the formation 
of a legislative body having two houses. It was believed 
that with two houses one would be a check upon the 
other, and that there would be less danger of hasty and 
oppressive legislation. Another reason for the formation 
of a Congress having two houses was that the colonists 
were familiar with this kind of Legislature. It existed in 
all of the States, Pennsylvania and Georgia excepted. 

Term of Members and Qualifications of Electors. — Sec¬ 
tion 2, Clause I. The House of Representatives shall be 
composed of members chosen every second year by the people 
of the several States, and the electors in each State shall 
have the qualifications requisite for electors of the most 
numerous branch of the State legislature. 

A short term for representatives was agreed upon, for 
it was the design to make them dependent on the will of 

50 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 51 

the people. The question frequently arises, therefore, 
ought representatives to be compelled to receive instruc¬ 
tions from those who elect them } May we not agree 
that our legislation would often be more efficient if the 
welfare of the Nation were considered, rather than what 
seems, for the moment, to be only the concern .of a dis¬ 
trict or even a State ? Securing the best interests of 
all may mean at times, also, the sacrifice of mere party 
principles. 

Who may vote for Representatives. — By the words people 
and electors is meant voters. With the desire to make 
the House of Representatives the more popular branch, 
it was decided to grant the right of voting for a represen¬ 
tative to any person who might be privileged to vote for 
a member of the lower house of the Legislature of his 
State. The freedom of a State to determine what these 
qualifications are, is limited only by the provisions of the 
fifteenth amendment: — 

Amendment XV. The right of citizens of the United 
States to vote shall not be denied or abridged by the United 
States, or by any State, on account of race, color, or previous 
condition of servitude. 

This amendment was proposed by Congress in Febru¬ 
ary, 1869, and vvas declared in force, March 30, 1870. 
It was for the purpose of granting more complete political 
rights to the negroes, recently declared, by Amendment 
XIV, to be citizens. 

Method and Time of choosing Representatives. — The 
Constitution prescribes that representatives shall be elected 
by the people. Congress has provided that represen- 


52 


THE NATIONAL GOVERNMENT. 


tatives shall be chosen on the Tuesday next after the 
first Monday in November of the even-numbered years.^ 
Congress has also decreed that representatives shall be 
chosen by districts; but the State Legislature has complete 
control of the districting of its State. However, Congress 
has declared that these districts shall be composed of 
contiguous territory, and contain, as nearly as practicable, 
an equal number of inhabitants. Now, usage has defined 
territory to be contiguous when it touches another portion 
of the district at any one point. As a result of this ques 
tionable interpretation, some States have been divided into 
districts of fantastic shapes, to promote the interests of 
the party having the majority in the State Legislature.^ 

Proportional Representation. — Proportional representation, which 
is coming into favor in these days, would doubtless do much toward 
remedying this abuse. According to the present system of electing rep¬ 
resentatives by districts, large minorities of voters are not represented. 
Numerous plans of “ Proportional Representation” have been advocated. 
One such plan is in operation in Illinois® for the election of members 
to the State house of representatives. Each district elects three mem¬ 
bers on a general ticket. The voter may give one vote to each candi¬ 
date, or one and a half votes to each of two candidates, or three votes 
to a single candidate. Therefore, the minority, by concentrating their 
votes on one candidate, may elect a representative to the Legislature, 
when under the district system they would not be represented. 

Qualifications of Representatives.— Section 2, Clause 2. 
No person shall be a representative who shall not have 

1 The only exceptions to this rule are: Oregon holds its election on the 
first Monday in June; Vermont, on the first Tuesday in November ; and 
Maine, on the second Monday in September. 

2 This process is called “ gerrymandering.” See, also, “ Government in 
State and Nation,” pp. 153, 154. 

® On Proportional Representation, read “ Government in State and Na¬ 
tion,” pp. 13, 14, 15. 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 53 

attai 7 ied to the age of twenty-jive years^ and been seven years 
a citizen of the United States, and who shall not, when 
elected, he an inhabitant of that State in which he shall be 
chosen. 

In the original States there was great diversity of quali¬ 
fications for members of the lower houses of their Legisla¬ 
tures. But some uniform system was necessary for the 
National organization, and so the few simple requirements 
of this clause were introduced. It is understood, however, 
that the States may not add other qualifications. While a 
representative must be an inhabitant of the State in which 
he is chosen, he need not, so far as the Constitution 
requires, be an inhabitant of the district. But the in¬ 
stances have been few in which a member of the House has 
not been also an inhabitant of the district which he repre¬ 
sents. According to the English system of representation, 
a member of the House of Commons frequently represents 
a borough or county in an entirely different part of the 
kingdom from that of which he is an inhabitant. 

May the House refuse to admit a person duly elected and possessing 
the necessary qualifications ? This question arose in the 56th Congress, 
in the case of Brigham Roberts of Utah, He was finally excluded. 

Present System of apportioning Representatives.— Sec¬ 
tion 2 of Amendment XIV contains the rule of apportion¬ 
ment that is now in operation. This became a part of the 
Constitution, July 28, 1868. 

Representatives shall be apportioned among the several 
States accordmg to their respective numbers, counting the 
whole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for 


54 


THE NATIONAL GOVERNMENT. 


the choice of electors for President and Vice-President of 
the U^iited States, representatives in Congress, the execu¬ 
tive and jitdicial officers of a State, or the members of the 
legislature thereof, is denied to any of the male inhabitants 
of such State, being twenty- 07 ie years of age, and citizejis 
of the United States, or in a 7 iy way abridged, except for 
participation m rebellion or other crime, the basis of repre¬ 
sentation thei^ein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number 
of male citizens twejity-oiie years of age in such State. 

The second sentence of this section was framed in the 
belief that the States, rather than lose a portion of their 
representatives in Congress, would grant the right of 
suffrage to negroes already declared to be citizens. 
But proportional reduction of representatives was never 
put into practical operation, for before the next apportion¬ 
ment of representatives. Amendment XV became a part of 
the Constitution, and negro suffrage was put on the same 
basis as white. However, the enforcement of Section 2 of 
Amendment XIV has been strongly urged in our own time. 
This is because it is estimated that rnany thousand have been 
disfranchised through the restrictions on the right of suffrage 
found in several of our State constitutions. Some require an 
educational test and others a property qualification for voting. 

The “ Indians not taxed ” doubtless refers to those 
Indians who still maintain their tribal relations or who 
live on reservations in the several States. Their number, 
according to the census of 1900, was 44,617. 

Early Apportionment. — The number of representatives 
to which each of the States was originally entitled is given 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 55 

in Section 2, Clause 3, of the article we are now consid¬ 
ering as follows: — 

Representatives and direct taxes shall be apportioned 
among the several States which may be inclnded within this 
Umon^ according to their respective numbers^ which shall be 
determiried by adding to the whole number of free persons^ 
including those bound to service for a term of years, and ex¬ 
cluding Indians not taxed, three-fifths of all other persons. 
The actual enumeration shall be made within three years 
after the first meeting of the Congress of the United States, 
and within every subsequent term of ten years, in such 
manner as they shall by law direct. The number of repre¬ 
sentatives shall not exceed one for every thirty thousand, but 
each State shall have at least one representative; and until 
such enumeration shall be made, the State of New Hamp¬ 
shire shall be entitled to choose three, Massachusetts eight, 
Rhode Island and Providence Plantations one, Connecticut 
five. New York six. New Jersey four, Pennsylvania eight, 
Delaware one, Maryland six, Virginia ten. North Carolina 
five. South Carolina five, and Georgia three. 

The three-fifths rule was rendered void by the adoption 
of Amendment XIII, which abolished slavery, since there 
were no longer the “other persons.” That part of the 
clause which provides for the laying of direct taxes is still 
in force. 

The Census. — In order to carryout the provision of the Constitu¬ 
tion, an ^‘actual enumeration” was made in 1790. Since that date 
there has been a census every ten years. The taking of the census and 
the compilation and publication of the statistics connected with it are 
under the supervision of the director of the census. Work on the 
twelfth census was begun June i, 1900, and required over 50,000 
enumerators, 2500 clerks, and 2000 special agents. The cost was some 


THE NATIONAL GOVERNMENT. 


56 • 

$12,000,000. The most important volumes found in the report are 
those on population,^ manufactures, and agriculture. The taking of the 
census will, in the future, be more economical and efficient because of 
the establishment of the permanent census bureau by an act of Con¬ 
gress in 1902. 

Ratio of Representation. — The Constitution provided that there 
should be 65 members in the first House of Representatives. After 
the first census. Congress agreed that there should be one representa¬ 
tive for each 33,000 of the population. This gave a house with 105 
representatives. From that time the ratio of representation has been 
changed every ten years. Otherwise, with the rapid increase in popula¬ 
tion, the House would soon become too large. The ratio adopted by 
Ihe act of January 12, 1901, was one representative to 194,182 people.^ 
After March 4, 1903, therefore, there will be at least 386 members in 
the House, if the membership is complete.^ 

Members from New States. — Should a new State be ad¬ 
mitted after the apportionment is made, its representatives 
are always additional to the number provided for by law. 

The Constitution provides that each State shall have at 
least one representative. If this provision had not been 
made, the States of Delaware, Idaho, Nevada, and Wyo¬ 
ming, each having a smaller population than the ratio 
adopted in 1901, would not be represented. 

Territorial Delegates.—The organized Territories are 
each entitled to send a delegate to the House of Repre¬ 
sentatives. He is allowed to speak on any question that 
has to do with his Territory, but may not vote. 

1 The population of the United States, according to the first census, was 
3,929,214. The population in 1900 was 76,303,387. 

2 For the method of apportionment, see “ Government in State and Na¬ 
tion,” p. 145. 

3 The number of members in the English House of Commons is 670; in 
the French Chamber of Deputies, 584; and in the German Reichstag, 396. 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 57 


Vacancies. — Section 2, Clause 4. When vacancies 
happen in the represcfitation from any State^ the executive 
authority thereof shall issue writs of election to fill such 
vacancies. 

When a vacancy occurs in the representation from any 
State on account of death, expulsion, or for other cause, it 
is made the duty of the Governor of the State in which the 
vacancy exists to call for a special election in that district 
to choose a representative for the remainder of the term. 

Officers. — Section 2, Clause 5. The House of Repre- 
se 7 itatives shall choose their Speaker and other officers^ and 
shall have the sole power of impeachment. 

The Speaker, who is the presiding officer, has always 
been a member of the House, but the Constitution does 
not say that he shall be. The other officers are the Clerk, 
Sergeant-at-Arms, Doorkeeper, Postmaster, and Chaplain, 
none of whom is a member of the House. 

Number and Term of Office of Senators. — Section 3, 
Clause I. The Senate of the United States shall be com¬ 
posed of two senators from each Statey chosen by the legis¬ 
lature thereof for six yearsy and each senator shall have one 
vote. 

As we have seen, the provision that there should be two 
senators from each State was the result of a compromise. 
Consequently New York and Pennsylvania have but the 
same number as Delaware and Nevada.^ The term of six 
years for senators was likewise a compromise measure. 
There were members of the convention who favored three 

^ The Senate now contains 90 members j the English House of Lords, 
560 j and the French Senate, 300. 


58 THE NATIONAL GOVERNMENT. 

years; others wanted nine years, and Hamilton desired 
that the term should be during good behavior. Many 
States have practically lengthened the prescribed term by 
the wise policy of returning acceptable senators for more 
than one term. Although elected by the State Legislature, 
senators do not vote by States. The senators from a 
State may, and often do, vote on opposite sides of a 
question. 

Qualifications of Senators. — Section 3, Clause 3. No 
person shall be a senator zvho shall not have attained to 
the age of thirty years^ and bee 7 i nine years a citizen of 
the United States^ and who shall not^ whe 7 t elected^ be a 7 i 
inhabita 7 tt of that State from which he shall be chosen. 

The reasons for requiring different qualifications in 
senators from those of representatives is expressed in 
“The Federalist” as follows: “The propriety of these dis¬ 
tinctions is explained by the nature of the senatorial trust, 
which, requiring greater extent of information and stability 
of character, requires at the same time that the senator 
should have reached a period of life most likely to supply 
these advantages.” The attitude of Americans toward the 
Senate to-day differs frorh that manifest during the first 
quarter century of our history. Has the Senate degen¬ 
erated.? is a question frequently asked. The presence in 
that body of numerous millionaires has also excited un¬ 
favorable comment. There have been two instances only 
in which senators have been disqualified because of inade¬ 
quate citizenship. 

Times and Places for electing Senators and Representa¬ 
tives.— Section 4, Clause 1. The twies^ places^ a 7 id i7ian 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 59 


7 icr of holding elections for senators and representatives 
shall be pi'escribed in each State by the legislature thereof; 
but the Cotigress may at any time, by laWy make or alter 
such regulationsy except as to the place of choosing senators. 

It is desirable that Congress should have the final au¬ 
thority in providing for the election of its own members, 
because the very existence of the Union might otherwise 
be left, at times, to the whims of the State Legislatures. 
Congress, in 1866, provided for the system now in use. 

The Legislature, chosen next before the expiration of the term of a 
senator, proceeds to elect his successor on the second Tuesday after its 
organization. On that day each house must vote separately by a viva 
voce vote. The two houses are required to meet in joint assembly at 
noon the following day, when the results are read. If the same person 
has received a majority of the votes in both houses, he is elected. If 
no person have such majority, the joint assembly must take a viva voce 
vote. The person receiving a majority of such votes is elected, pro¬ 
viding a majority of all the members elected to both houses are present 
and voting. Should there still be no election, the joint assembly must 
meet at noon on each succeeding day, and take at least one vote until 
a senator shall have been chosen. The procedure is the same in the 
case of a vacancy which has occurred before the Legislature has assem¬ 
bled. When the vacancy happens during the session of the Legislature, 
it must proceed in the same way the second Tuesday after receiving 
notice of the vacancy. 

Election of Senators by Popular Vote. — Shall United States sena¬ 
tors be elected by popular vote? This question has been much dis¬ 
cussed in recent years. Deadlocks and bribery in State Legislatures 
have done much to bring it into prominence. Besides, there is a grow¬ 
ing feeling that the people are quite as competent to elect United States 
senators as they are to choose other officers. The House of Repre¬ 
sentatives, on several occasions, has passed a resolution favoring an 
amendment to the Constitution that will secure this result; but each 
time it has failed in the Senate. At the beginning of the year 1903 
there were twenty-seven of the State Legislatures on record as in favor 
of this reform. That the people generally desire such an amendment 


6o 


THE NATIONAL GOVERNMENT. 


cannot be questioned, if we may judge by the vote cast in Illinois in the 
November election of 1902. 451,319 voters favored popular election 

of senators; 76,975 opposed. 

Vacancies in the Senate. — As provided in Clause 2, of 
Section 3 of the article we are considering, a vacancy 
occurring in the Senate during the recess of the Legisla¬ 
ture of any State may be filled, temporarily, through an 
appointment made by the Governor of that State. A 
senator thus appointed holds his office until the Legisla¬ 
ture meets. In case that body fails to elect his successor, 
he retains the office until the end of the session of the 
Legislature. But the State will then lack one member in 
the Senate, because the governor may not, by appoint¬ 
ment, fill a vacancy resulting from the failure of the 
legislature to elect. ^ 

Classes of Senators. — Section 3, Clause 2. Immediately 
after they shall be assembled in consequence of the first elec- 
tion, they shall be divided, as equally as may be, mto three 
classes. The seats of the se^iators of the first class shall be 
vacated at the expiration of the second year; of the second 
class, at the expiration of the fourth year; and of the third 
class, at the expiration of the sixth year; so that one-third 
may be chosen every second year, and if vacancies happen by 
resignation or otherwise, dnrhig the recess of the legislat74,re 
of any State, the executive thereof may make temporary 
appointments until the next meeting of the legislature, which 
shall then fill such vacancies. 

This provision makes the Senate a permanent body, 
since only one-third of the members go out of office every 
two years. In the first session of the first Congress the 

1 For a test case, see “ Government in State and Nation,” p. 149. 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 61 


senators were divided into three classes. It has been the 
custom to place the senators from new States in different 
classes. This is done in order to preserve, so far as pos¬ 
sible, the equality of numbers in each class. Besides, a 
State is thus enabled to keep one man of experience in the 
Senate. When a new State is admitted, the senators from 
that State determine by lot, drawn in the presence of the 
Senate, which classes they are to enter. Thus when 
Utah was admitted, her Senators were assigned to the 
two and four year classes, neither of them serving the 
full term of six years. 

President of the Senate. — Section 3, Clause 4. The 
Vice-President of the United States shall be President of the 
Senate^ but shall have no vote unless they be equally divided. 

Other Officers. — Section 3, Clause 5. The Senate shall 
choose their other officers, and also a President pro tempore, 
in the absence of the Vice-Presidefit, or when he shall exercise 
the office of Preside^it of the U^iited States. 

The Vice-President of the United States is the presiding 
officer of the Senate. He cannot take part in debates, and 
has no vote unless there be a tie. In marked contrast with 
the power of the Speaker, he cannot name the committees, 
and has no direct authority in legislation. Indeed, the 
office is regarded as one of so little influence that it is 
sometimes difficult to secure, as candidates for it, men of 
recognized prominence. 

The other officers of the Senate are Secretary, Chief 
Clerk, Sergeant-at-arms, Chaplain, Postmaster, Librarian, 
and Doorkeeper, none of whom is a member of the Senate. 
It is desirable, in the absence of the Vice-President, that 


62 


THE NATIONAL GOVERNMENT. 


the Senate should have a presiding officer. At the open¬ 
ing of the session, therefore, that body chooses from its 
own members a president pro tempor'e. He may vote on 
any question, but cannot cast the deciding vote in case of 
a tie. 

When Congress Meets. — Section 4, Clause 2. The 
Congress shall assemble at least once in every year^ and such 
meeting shall be on the first Monday in December, unless 
they shall by law appomt a differeiit day. 

As we have already seen, representatives are elected 
for a term of two years. This period defines the length 
of a Congress. Representatives, as we know, are chosen 
on the first Tuesday after the first Monday in November. 
Now the term of office of a representative begins legally 
on the fourth of March succeeding the time of his election.^ 
Except in the case of a special session, this term does 
not really begin until the first Monday of the following 
December, or thirteen months after the election. It would 
seem desirable that the members should be given an 
earlier opportunity to express themselves on the issues 
upon which they have been chosen. 

Sessions of Congress. — Each Congress has two regular 
sessions. The first is called the “long session,” for its 
length is not determined by a definite date of adjournment. 
It usually lasts until midsummer and may not extend be¬ 
yond the first Monday in December, the time fixed for 
the beginning of the next session. The second, or “ shgrt 
session,” cannot extend beyond 12 m. of March 4, the time 

1 The limits of the 58th Congress will be March 4, 1903, to March 4, 1905. 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 63 


set for a new Congress to begin. The President may con¬ 
vene Congress in special session. 

Organization of Congress. — The first Monday in December of each 
second year is a notable day in Washington, for the formal opening of 
a new Congress is regarded as an important event. The House of 
Representatives must go through the entire process of organization. 
To the Clerk of the preceding House are intrusted the credentials of the 
members, and from these he makes out a list of those who are shown to 
be regularly elected. At the hour of assembly he calls the roll from 
this list, announces whether or not a quorum is present, and states that 
the first business is to elect a Speaker. After his election, the Speaker 
takes the oath of office, which is administered by the member who has 
had the longest service in the House. The Speaker then administers 
the oath to the members by States. The election of the Chief Clerk 
and the other officers follows, after which the House is said to be 
organized. 

The Senate is a ‘‘continuing body,” and no formal organization is 
necessary. At the opening of a new Congress the Vice-President calls 
the Senate to order and the other officers resume their duties. After 
the President pro tempore has been chosen, the newly elected members 
are escorted to the desk in groups of four, and the oath is administered 
by the President of the Senate. Each house, when organized, notifies 
vhe other of the fact, and a joint committee of the Houses is appointed 
to wait upon the President and inform him that quorums are present 
and are ready to receive any communication he may desire to send. 

The House of Representatives occupies a large hall in the south wing 
of the Capitol. The desks of the members are arranged in a semicircle 
about that of the Speaker, with the Republicans on his left and the 
Democrats on his right. When a member gains the floor, he speaks 
from his own desk or from the space in front of the Speaker’s desk. 
Unless the question is one of importance, but little attention is paid to 
the course of debate. Consequently a visitor can hear only with great 
effort because of the constant din produced by the shuffling of papers, 
clapping of hands for pages, etc. The real work of Congress, as we 
shall see, is done in committees. The Senate occupies a hall at the 
opposite end of the Capitol. It is, of course, much smaller than that 
occupied by the House, but is similarly arranged. In general, the pro- 
ceedinsfs on the floor of the Senate are conducted in a much more orderly 
manner than is usual in the House. 


64 


THE NATIONAL GOVERNMENT. 


SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What is the number of the present Congress ? Give the dates for 

the beginning and end of each session. 

2. In the States which have woman suffrage, may women vote for 

representatives 7 

3. It is not required by law that a representative shall reside in the 

district that he represents, but it is an established custom. 
What are its advantages and disadvantages ? Compare with 
the English practice. Bryce, American Commonwealth, I, 
Chapter 19. 

4. Were the States mentioned on p. 54 justified in the enactment 

of their suffrage laws ? 

5. Ought Section 2, Amendment XIV, to be enforced? Rev. of R’s, 

22:273-275,653,654; 24:649-651; Forum, 31:225-230; 32: 
460-465; N. Am. Rev., 168:285-296; 170:785-801; 175:534- 
543 ; Outlook, 69:751. 

6. State the points of likeness and of difference between the House 

of Representatives and the House of Commons. N. Am. Rev., 
170: 78-86. 

7. Give the number of representatives to which your State is entitled. 

Was the number increased in the last apportionment ? How 
large is your Congressional district ? Population ? 

8. Compare the area of your district with that of other districts in 

your State ; also with the population of other districts. Com¬ 
pare the number of votes cast for Representative in your dis¬ 
trict with the number cast in districts of other States in different 
sections of the country. How do you account for the variation ? 
See New York World Almanac. 

9. Some interesting facts connected with the apportionment of 1901 

are given in the Forum, 30: 568-577. 

10. For the Reapportionment Law of 1901, see Outlook, 67 :136. 

11. For accounts of the methods by which a census is taken, see 

American Census Methods, Forum, 30:109-119. Census of 
1900, N. Am. Rev., 170 : 650-652. 

12. Who are some of the best-known representatives and senators? 

For what reasons are they noted ? 

13. Who are the senators from your State ? When was each elected ? 


ORGANIZATION OP^ LEGISLATIVE DEPARTMENT. 65 


14. Give the names of the Speaker and of the President pro 

tempore. 

15. Has the Senate degenerated ? Should senators be elected by 

popular vote? Outlook, 67: 559, 604, 77473: 277-285, 386- 
392. For other references, see James and Sanford, Govern¬ 
ment in State and Nation, p. 157. 




F 


CHAPTER VIII. 


POWERS AND DUTIES OF THE SEPARATE HOUSES. 

1. Impeachment. 

Article II, Section 4 . The President^ Vice-President and 
all civil officers of the United States^ shall be removed from 
office on impeachment for^ a 7 id conviction of, treason, bribery, 
or other high crhncs and misdemeanors. 

Article I, Section 2 , Clause 5 . The Honse of Represen¬ 
tatives shall . . . have the sole power of impeaclmienfP 
Section 3 , Clause 6 . The Senate shall have the sole 
poiver to try all impeachments. When sitting for that pur¬ 
pose, they shall be on oath or affirmation. When the Presi¬ 
dent of the United States is tried, the Chief ffiistice shall 
preside; and no person shall be convicted without the C 07 t^ 
cur7'e7ice of two-thirds of the me77tbe7's present. 

Section 3 , Clause 7 . J7idg77ie7it m cases of i77ipeach7nent 
shall 7iot extend further tha7i to re7noval f7'07n office a7id dis- 
qualificati07i to hold a7id enjoy a7ty office of ho7ior, trust, or 
p7'ofit irnder the United States ; but the pa7'ty co 7 ivicted shall 
7ievertheless be liable a7id subject to i7idict77ie7it, trial, judg- 
me7it, a7idpunishme7it accoi'dmg to law. 

There have been but seven impeachment trials in the 
history of our government. Section 4 of Article II declares 
who may be impeached. The expression “civil officer” 

66 


POWERS AND DUTIES OF SEPARATE HOUSES. 67 

does not include military and naval officers. They are 
subject to trial by court-martial. Members of Congress 
may not be impeached, since the Constitution authorizes 
each house to bring to trial and punish its own members. 
Clause 5 of Section 2 , and Clauses 6 and 7 of Section 3 , 
Article I, give the method of procedure against an officer 
who may be charged with “ treason, bribery, or other high 
crimes and misdemeanors.” The articles of impeachment 
preferred by the House of Representatives correspond to 
the indictment in a criminal trial. The manner of con¬ 
ducting an impeachment trial, in the Senate, resembles 
also a trial by jury.^ That the “Chief Justice shall pre¬ 
side” during the trial of the President of the United States 
is a wise provision, because it is easy to presume that a 
Vice-President might be personally interested in the con¬ 
viction of a President. 

II. The Quorum, Journal, and Freedom of Speech. 

Determination of Membership and Quorums. — Section 5 , 
Clause I. Each house shall be the judge of the elections, 
returns, and qitalifications of its own members, and a 
majofity of each shall constitute a quorum to do business ; 
but a smaller niLuiber may adjoimt from day to day, and 
may be authofized to compel the attendance of absent mem¬ 
bers, in such ma 7 iner and imder such poialties as each house 
may provide. 

In the Senate the question raised in a contest usually 
applies to whether a senator has been duly elected. It 
has been held by the Senate that to deprive a member of 

1 See “Government in State and Nation,” p. 159. 


68 


THE NATIONAL GOVERNMENT. 


his seat for bribery or corruption in the course of his elec¬ 
tion, it must be shown that he was personally guilty of 
corrupt practices, that the corruption took place with his 
sanction, or that a number of votes sufficient to affect the 
result were corruptly changed. As an instance, Mr. 
Clark of Montana was refused a seat in the Senate during 
the first session of the 56 th Congress, because it was 
proved that he had secured his election by bribing mem¬ 
bers of the State Legislature. 

In the House the name of the person possessing the 
certificate of election signed by the governor of his State 
is entered on the roll of the House, but the seat may still 
be contested. Many cases of contested elections are con¬ 
sidered by each new House. There were thirty-two seats 
contested in the 54 th Congress. Such cases are referred 
to the Committee on Elections, which hears the testimony, 
and presents it to the House for final decision. Each of 
the cases when presented to the House consumes from 
two to five days which might otherwise be used for the 
purposes of legislation. The law provides that no more 
than $ 2,000 shall be paid either of the contestants for 
expenses, but even then, it is estimated, these contests cost 
the government, all told, ;^ 40 ,ooo annually. When the 
decision is rendered by the House, the vote is, in most 
cases, strictly on party lines, regardless of the testimony. 
In view of these facts, it has been suggested that the 
Supreme Court decide all contested elections. 

How a Quorum is Secured.— If it appears, upon the 
count of the Speaker, or upon the roll-call of the House, 
that a majority is not present, business must be suspended 


POWERS AND DUTIES OF SEPARATE HOUSES. 69 

until a quorum is secured. Fifteen members, including 
the Speaker, may be authorized to compel the attendance 
of absent members. This is accomplished as follows : The 
doors of the House are closed, the roll is called, and 
absentees noted. The Sergeant-at-arms, when directed by 
the majority of those present, sends for, arrests, and brings 
into the House those members who have not sufficient 
excuse for absence. When a quorum is secured, business 
is resumed. 

Rules and Discipline. — Section 5 , Clause 2 . Each house 
may determine the rules of its pf'oceedings, punish its 
members for disorderly behavior, and, with the concurrence 
of two-thirds, expel a member. 

The Journal. Section 5 , Clause 3 . Each house shall 
keep a jotirnal of its proceedings and from time to time 
ptiblish the same, excepting such parts as may in their judg¬ 
ment require secrecy ; a 7 td the yeas a 7 td nays of the me 77 ibers 
of either house 07 i a 7 iy questio 7 i shall, at the desire of 07 te- 
fifth of those present, be entered 07 i the jotmial. 

Our Knowledge of Congressional Proceedings.—As citi¬ 
zens in a republican government, it is our duty to keep in¬ 
formed on the problems which our representatives' are 
called upon to solve. Means of gaining information are not 
wanting. The public galleries of both Houses are usually 
open to visitors. The official record of the proceedings of 
Congress is made known to the public through the Journal, 
which is read at the opening of each day’s session. Reports 
of the debates do not appear in the Journal, but are pub^ 
lished each day in the Co7igressional Reco7'd. 

Another means of keeping constituents informed on the 


70 


THE NATIONAL GOVERNMENT. 


position of their representatives is through the recording 
in the Journal of the vote of each member when demanded 
by one-fifth of those present. In voting by the “ yeas and 
nays,” the clerk calls the roll of members and places after 
each name, “yea,” “nay,” “not voting,” or “absent.” 
The Senate rules specify this as the only method of voting. 
(Other methods of voting in the House are indicated on 
page 8 o.) 

Power to Adjourn. — Section 5 , Clause 4 . Neither house^ 
durhig the sessio7t of CongJ'ess, shall, without the consent 
of the other, adjonni for more than three days, nor to a7iy 
other place thari that m which the tzvo hotises shall be 
sittmg. 

If there is a disagreement between the two houses with 
respect to the time of adjournment, the President may 
adjourn them to such a time as he thinks proper. This 
right has never yet been exercised. 

Compensation and Freedom from Arrest. — Section 6 , 
Clause I. The senators and representatives shall receive 
a co 7 npe 7 isation for their services, to be ascertained by law, 
a 7 idpaid ont of the treasury of the United States. They 
shall m all cases, except treaso 7 i, felony, a 7 id breach of the 
peace, be privileged fro 77 t arrest dw'Uig their atte 7 idance at 
the sessio 7 ts of their respective hoicses, a 7 td gomg to a 7 id re- 
tnrnmg fro 7 n the same; a 7 id for afiy speech or debate m 
either house, they shall 7 iot be questio 7 ied in a 7 iy other place. 

Should the members of Congress be paid a salary, or 
should the office be regarded as exclusively one of honor } 
These questions were discussed at length in the Constitu¬ 
tional Convention. Some of the delegates favored the 


POWERS AND DUTIES OF SEPARATE HOUSES. 71 


English custom, by which members of Parliament receive 
no salary. It was finally concluded to adopt the provi¬ 
sions as given, in order that men of ability, though poor, 
might become members of the National Legislature. 

By a law of 1789 the compensation of senators and representatives was 
fixed at six dollars per day and thirty cents for every mile traveled, by 
the most direct route, in going to and returning from the seat of govern¬ 
ment. Prior to 1873, this amount was changed several times by act of 
Congress. The compensation then agreed upon and still paid is $5000 
per year, with mileage of twenty cents, and $125 per annum for stationery. 
The Speaker receives $8000 a year and mileage. The President pro 
tempore receives the same amount while acting as President of the 
Senate. 

To many people I5000 seems a large salary, but the great expense of 
living in Washington, especially if a Congressman and his family take 
part in the social life of the capital, renders the salary quite inadequate. 
Members have been known to pay more than their salaries for house- 
rent alone. Many members make a financial sacrifice in accepting a 
seat in Congress. 

To hold Other Offices. Disqualification. — Section 6, 
Clause 2. No senator or representative shall, during the 
time for which he is elected, be appointed to any civil office 
tinder the authority of the United States which shall have 
been created, or the emoluments whereof shall have been in¬ 
creased, during such time; and no person holding any 
office under the United States shall be a member of either 
house during his continuance in offce. 

The purpose of this provision seems to have been to 
remove the temptation on the part of Congressmen to 
create offices, or to increase the emoluments of those 
already existing, in order to profit by such legislation. The 
exclusion of United States officials from seats in Congress 
was due to the desire of appeasing State jealousy, which 


72 


THE NATIONAL GOVERNMENT. 


asserted that the National government would in this way 
secure an undue influence over the State governments. 
It is advocated, with good reason, that members of the 
Cabinet should be privileged to take part in the discussion 
of measures in Congress which pertain to their own depart¬ 
ments. Alexander Hamilton asked for this privilege. It 
was refused because of the belief that he would exert too 
great influence over the members. The precedent thus 
established has always been retained. 

But since executive officers are often invited to present 
their views before committees of Congress, they may, in 
this way, exert great influence upon legislation. 


CHAPTER IX. 


HOW LAWS ARE MADE BY CONGRESS. 

Methods of Procedure developed by Custom. —Very little 
can be learned directly from the Constitution concerning 
the actual methods employed in the enactment of laws by 
Congress. In both houses, procedure in the conduct 
of their business has been developed by custom; it has 
changed from time to time as determined by circumstances, 
and it has taken on forms that were entirely unanticipated 
by the founders of our government. The principal reason 
why new methods of Congressional procedure have be¬ 
come necessary may be found in the growth of the amount 
of business presented to Congress for consideration; this, 
in turn, has been caused by the growth of population and 
wealth, and by the expansion of business relations through¬ 
out this country and with other nations. 

Several features of Congressional organization may be 
mentioned as very important in determining the course of 
legislation. These are : — 

I. The Committee System. 

II. The House Committee on Rules. 

III. The Speaker of the House. 

IV. The Influence of Party Caucuses. 

I. The Committee System. — Two facts made this system 
necessary in the houses of Congress, (i) The number oi 

73 


74 


THE NATIONAL GOVERNMENT. 


members, especially in the House of Representatives, is so 
large that business cannot be transacted with dispatch by 
the entire body. (2) The number of bills introduced is so 
very great that it is impossible for either house to consider 
all of them; hence it is necessary that committees shall 
examine the bills and decide which are worthy of consider¬ 
ation. 

In the long session of the 58th Congress, more than 15,000 bills 
were introduced into the House. The number of committees in the 
House was 60, the membership varying from 3 to 18. The most im¬ 
portant House committees are those on Ways and Means (which has 
charge of all bills for raising revenue), Appropriations, Banking and 
Currency, Foreign Affairs, and Military Affairs. In the Senate of the 
58th Congress there were 55 standing committees. The number of 
members on a committee was in most cases 9 or ii. A few of the 
Senate committees are those on Finance (corresponding to the commit¬ 
tee on Ways and Means in the House), Agriculture, Commerce, and 
Foreign Relations. 

Both in the House and in the Senate, every member is on some com¬ 
mittee, and some members have places on several committees. In the 
House of Representatives the Speaker appoints the committees, and he 
selects the chairman and a majority of the members of each committee 
from the members of his own party; that is, from the party that has a 
majority in the House. The Senate committees are constituted in ac¬ 
cordance with the same rule; but in the Senate the committees are 
elected, rather than appointed. 

Steps in the Progress of a Bill. — The importance of the 
committee system in Congress is found in the power of 
committees to determine the destiny of bills that are com¬ 
mitted to their charge. The introduction of a bill by a 
member of either house is merely a formal step; the bill is 
immediately referred to a committee. When the committee 
reports the bill back, the house will in a great majority of 
cases pass or reject it according to the committee’s recom 


MOW LAWS ARE MADE BY CONGRESS. 


75 


mendation. Few bills are debated in either house, and in 
the most of these cases the discussion has no influence 
upon the fate of the bill — it is meant merely to be heard 
or to be printed. Hence, it is in that intermediate stage 
between the reference of the bill to a committee and the 
report on it that the real work of legislation is accomplished. 

The Power of Committees over Bills. — In the course of 
its deliberations a committee may exercise the utmost free¬ 
dom with respect to the bills referred to it. The greater 
number of bills receive no consideration whatever from the 
committees; these may never be reported if the committees 
see fit to ignore them. Other bills are amended by the 
committees, or new bills are substituted for them. Such is 
the power intrusted to Congressional committees. How¬ 
ever undesirable in some respects this method of legisla¬ 
tion may seem, its necessity has fixed it as a permanent 
feature of Congressional procedure. 

Many of the important committees have separate rooms where their 
meetings are held. Here the members may confer in secret, or they 
may allow or invite the hearing of testimony and arguments upon the 
subjects of bills. Frequently the majority members of a committee 
hold separate meetings, determine their policy, and then adhere to it 
regardless of the wishes of the minority members. The latter may pre¬ 
sent a separate report called the mitiority report of the committee. 

II. The Committee on Rules. — Since only a small pro¬ 
portion of the bills that are reported favorably can receive 
consideration and come to a vote, the question now arises. 
How is it determined which bills shall be thus favored } 
In some measure this depends upon the importance and 
the merits of the bill; but it depends more upon the skill 
and influence of the member (generally the chairman of 


76 


THE NATIONAL GOVERNMENT. 


the committee reporting the bill) who is particularly in¬ 
terested in seeing it enacted into law. In the House of 
Representatives this important matter is decided by the 
Committee on Rules, which is composed of five members, 
three being of the party that has a majority in the House. 
This committee decides which bills shall be considered, and 
how much time shall be given to the discussion of each 
one. Thus it practically dictates the course of legislation 
in the House. Sometimes the committee is overruled by 
an opposition composed of the minority members of the 
House together with a few rebellious members of the 
majority party; but such a revolt is exceptional, and 
usually the Committee on Rules has its way. Some cen¬ 
tral authority like this, with dictatorial power, seems 
necessary in order to settle the disputes and rivalries 
arising among influential members and important commit¬ 
tees ; these would block each other’s progress, and no 
legislation whatever would be accomplished, were there 
not some power to decide which, in each case, shall have 
the right of way. 

III. TJie Power of the Speaker .—As the Committee on 
Rules decides the programme to be followed in each day’s 
proceedings in the House, the Speaker is the executive 
officer who sees that the programme is adhered to. Indeed, 
the Speaker is chairman of the Committee on Rules and 
is its most influential member. No bill can come before 
the House, and no member can address the House, without 
the Speaker’s consent. In all important matters, it is 
necessary for a member to make an arrangement with the 
Speaker in order to secure recognition when he wishes to 
address the House. 


HOW LAWS ARE MADE BY CONGRESS. 77 

In exercising the power of recognition, the Speaker will, 
of course, give both the sides a fair opportunity to debate 
upon important measures. He will not permit members to 
make motions, or to protract debate, merely for the sake of 
delaying some action to which they are opposed. Within 
recent years, obstructive tactics, popularly known as fili¬ 
bustering, are of rare occurrence in the House. Be¬ 
fore these extensive and arbitrary powers were intrusted 
to the Speaker, the minority members more frequently 
obstructed the work of the House and prevej;ited all legis¬ 
lation because of their opposition to a particular bill. 

Two powers of the Speaker remain to be mentioned 
which are no less important in their influence on legislation 
than those already considered.- He appoints all commit¬ 
tees of the House, and in this way marks out in some im¬ 
portant matters the policy that will be pursued in legisla¬ 
tion. Again, the Speaker refers all bills introduced into 
the House to their appropriate committees. Sometimes the 
Speaker may exercise his discretion with regard to the 
committee to which he refers a certain bill, and in such 
cases his influence upon the fate of the bill is important. 

We are endeavoring to analyze the complicated action 
of the forces that determine which bills shall, and which 
shall not, be enacted by Congress. So -far, we discover 
that great authority is intrusted to small groups of mem¬ 
bers— the committees. These practically determine the 
contents of all bills. We find in the House a central 
directive committee (that on Rules) deciding which bills 
shall be dropped and which may be considered. Finally, 
we find that the Speaker is the most influential member of 
Congress, executing the decisions of the Committee on 


78 


THE NATIONAL GOVERNMENT. 


Rules (that is, chiefly his own will) and deciding impor¬ 
tant questions at critical moments in the course of the 
daily business of the House. 

The Lobby, Log-rolling, and Patronage. —Not all the bills that 
come before Congress are passed or rejected on their merits. The 
influences that determine the course of legislation at Washington are 
very numerous and complicated. Some of these influences are to a 
greater or less extent legitimate, and others are totally bad. The 
lobby^ in its broadest sense, is composed of all those persons who go to 
Washington in order to exert pressure upon Congressmen in favor of or 
against certain measures. Some of the best laws and some of the 
worst are enacted through the influence of the lobbyist. Log-rolling 
is an important influence in determining legislation; a member votes 
for the pet measure of his fellow-congressman on condition that the 
latter will vote for the bill in which he is particularly interested. Political 
patronage is a great factor in determining votes in Congress ; the power 
of members to recommend appointments,^ and the influences exerted 
in their favor by the appointees, often determine the question of their 
continuance in office. Consequently, there is a great temptation to use 
patronage in exchange for votes. The use of money directly in bribery 
is difficult of detection, but other favors and privileges of pecuniary 
value are no less effective in the purchase of the votes of those members 
who are so unscrupulous as to be open to such influences. 

Debate in the House. — The fate of nearly all bills that 
are introduced into Congress is determined by the inter¬ 
action of the various influences that have received attention 
so far in this chapter. Argument in debate is a small 
factor in arousing favorable influence or in changing votes. 
In the House, the Committee on Rules limits strictly the 
time given to debate. The chairman of the committee 
reporting a bill generally has one hour in which to urge 
the passage of his measure; for a portion of the time he 
may yield the floor to other members, both friends and 
opponents of the bill. Of course, much more than one 

1 See p, 134. 


HOW LAWS ARE MADE BY CONGRESS. 


79 


hour is given to debate on important bills. Many of the 
speeches which are printed in the Congressional Record 
have not been delivered; but they are intended for circula¬ 
tion among the constituents of Representatives, and for use 
as campaign documents. Many of the speeches that are 
actually delivered receive scant attention; the lack of 
interest in them is made evident by the noise and con¬ 
fusion that very often prevail during sessions of the House. 

Senate Procedure. — In the Senate, debate is not limited. 
Senators are expected to regard each other’s rights with 
respect to the amount of time and attention they may 
demand; yet a bill may be talked to death ” in the 
Senate. As a result, the Senate is less businesslike in its 
procedure than the House, and some means of checking 
unlimited discussion ^ have often been proposed for it. 

Conference Committees. — If one house amends a bill 
which has already passed the other, it must be returned 
'or re-passage to the house where it originated. This is 
a Lequent cause of conflict between the two houses, and 
each tries to insist on its rights.^ 

When such a dispute cannot be easily adjusted, a co 7 i- 
ference committee must be appointed. This is composed 
of members from each house, and they endeavor to arrange 
a compromise which will be acceptable to both houses. 
Generally their decision is ratified without question, but 
sometimes even this method of settlement fails. 

1 This is called, technically, a rule for “ closure.” 

^ Within very recent years the Senate has shown itself to be the stronger 
body. This is partly because its members have longer terms, and so become 
more skillful in exerting their influence and adhering to their demands. 


8o 


THE NATIONAL GOVERNMENT. 


Methods of Voting. —There are three methods of voting 
in Congress, (i) Members respond “aye” or “no” by 
acclamation. (2) If a division is called for, a rising vote 
is taken and the members are counted. In the House, the 
counting is done by two tellers, who stand near the 
Speaker’s desk, while the members pass between them in 
single file, first those voting in the affirmative, and after¬ 
ward those opposing the motion. When the “ yeas and 
nays ” are called for, or whenever the rules of either house 
require them, the roll is called and each member votes as 
he responds to his name. This vote is entered on the 
journal.^ 

After the roll-call is completed, the presiding officer announces the 
pairs. Members who belong to different political parties may agree 
that they shall be recorded on opposite sides of party questions, 
whether they are present or not. Or pairs may be arranged for particu 
lar votes only. This device enables a member to be absent from his 
seat without feeling that his vote is needed. 

The President’s Power in Lawmaking. — A bill which 
has received a majority vote in both houses is next sent to 
the President. 

Article i, Section 7, Clause 2. Every bill which shall 
have passed the House of Representatives and the Senate 
shall, before it become a law, be presented to the President 
of the United States ; if he approve he shall sign it, bnt if 
not he shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the objec¬ 
tions at large on their journal and proceed to reconsider it. 
If after such reconsideration two-thirds of that house shall 
agree to pass the bill, it shall be sent, together zvith the 


1 See pp. 69-70. 


HOW LAWS ARE MADE BY CONGRESS. 81 

objections^ to the other house, by which it shall likewise be 
reconsidered, and if approved by two-thirds of that house it 
shall become a law. But in all such cases the votes of both 
houses shall be determined by yeas and nays, and the names 
of the persons voting for and against the bill shall be entered 
on the journal of each house respectively. If any bill shall 
not be returned by the President within ten days (^Sundays 
excepted) after it shall have been presented to him, the same 
shall be a law, in like manner as if he had signed it, unless 
the Congress by their adjournment prevent its return, in 
ivhich case it shall not be a law. 

^ The framers of the Constitution intended that the veto 
power should be a check, though not an absolute one, upon 
hasty or unwise legislation. The President may cause a 
bill to fail by neither signing nor vetoing it during the last 
ten days of a session. The term pocket veto has been 
applied to this method of defeating bills. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Copies of the Congressional Record and the Congressional Direc¬ 

tory furnish interesting illustrations of the topics treated in this 
chapter. 

2. Procedure in the Senate, Ashley, The American Federal State, 

228-231. In the House, ibid., 250-258, 263-264. 

3. What difference is there in the granting of recognition in the 

Senate and House ? Harrison, This Country of Ours, 45-48. 

4. An interesting account of the appearance and character of the 

Senate, Bryce, I, 114-120 (117-123). 

5. The character of Representatives — procedure in the House — the 

number of bills introduced, Bryce, I, 124-134 (128-138). 

6. What appearance does the House make when at work 1 Bryce, I, 

138-144 (142-148). 

7. An Englishman’s criticisms on our committee system, Bryce, I, 

153-160 (157-164). 

G 


82 


THE NATIONAL GOVERNMENT. 


8. General observations on Congress, Bryce, I, Chapter 19. 

9. How are obstructive tactics carried on ? Alton, Among the Law¬ 

makers, Chapter 20. 

10. Why is there little debate in the House of Representatives.^ Wil¬ 

son, Congressional Government, 72-73, 86-102. 

11. The Senate, Forum, 31:423-431; N. Am. Rev., 174:230-244; 

Century Mag., 65 : 499 - 515 - 

12. Our Process of Lawmaking, Arena, 23: 480-484; Century Mag., 

64: 170-187. 

13. The Speaker’s Influence, Rev. of R’s, 21:85-86; Arena, 21: 

653-666. 

14. Comparisons of Congress with Parliament, N. Am. Rev., 170:78- 

86 ; Arena, 23 : 593-605. 


CHAPTER X. 


SOME IMPORTANT POWERS OF CONGRESS. 

I. National Finances. 

The Power of Taxation. — When we speak of the 
finances of a country, we mean its revenues and expendi¬ 
tures. Revenues have their origin chiefly ^ in taxation, 
and the power vested in Congress by virtue of which taxes 
are imposed and collected is found in the following clause: 

Article I, Section 8, Clause i. The Congress shall have 
power to lay and collect taxes, duties, imposts and excises, 
to pay the debts and provide for the common defense anSi 
general welfat'e of the United States; but all diUies, impost^ 
and excises shall be nniform thronghont the United States. 

Duties on Imports. — The two forms of taxes relied upon 
by the United States for its revenues are (i) duties and 
(2) excises.^ A duty is a tax levied upon goods that are 
imported into the United States.^ The merchant doing 
business in New York, for example, cannot obtain posses¬ 
sion of the goods he has imported until the officers of the 
custom-house at that port have examined the invoice^ or 
the list of articles in each package, with their prices; and 

1 Considerable sums are derived by our National government from the sale 
of public lands. See Chapter on Territories and Public Lands. 

2 The terms duties and imposts are nearly synonymous. 

8 Duties on exports are prohibited in Section 9, Clause 5, of Article 1 : 
No tax or duty shall be laid on articles exported from any State. 

83 


84 


THE NATIONAL GOVERNMENT. 


the officers may examine the goods, also, to see if they 
correspond in amount and quality to the statements of the 
invoice. The importer then pays to the collector of the 
port of New York the amount of the duty levied on his 
importation. 

Kinds of Duties. — These are of two kinds, (i) Specific duties are 
fixed amounts levied on certain units of measurement of commodities, 
as the pound, yard, or gallon. (2) Ad valorem duties are levied at a 
certain rate per cent on the value of the articles taxed. Below are given 
several examples of duties imposed by the tariff law of 1897 (the Ding- 
ley law). 

Watches, 40 per cent ad val. 

Umbrellas, 50 per cent ad val. 

Leather manufactures, 35 per cent ad val. 

Glassware, 60 per cent ad val. 

Apples, 25 T' per bushel. 

Honey, 207^ per gallon. 

Cheese, 67^ per pound. 

Table knives, 16 f each and 15 per cent ad val. 

Blankets, 22 f per pound and 30 per cent ad val. 

It is apparent that on some articles both kinds of duties are levied. 

In the fiscal year ending June 30, 1902, the total amount of duties 
collected was $254,500,000. New York is by far the most important 
port of entry. 

Passengers on steamships coming from foreign countries are required 
to declare what dutiable goods they have among their baggage, each 
person being allowed to enter $100 worth of goods free of duty. Upon 
landing, their baggage is examined; trunks and valises are opened, and 
in suspected cases the persons of travelers are searched for concealed 
dutiable goods. The temptation to undervaluation and to smuggling, 
in order to escape this form of taxation, is so great that constant vigi¬ 
lance is necessary at custom-houses and along the borders of the United 
States to prevent these frauds. Special agents and revenue cutters are 
employed to detect violations of the law. 

Tariff Laws. — A tariff is the list of the rates of duties 
fixed by law. An importer of foreign goods must consider 


SOME IMPORTANT POWERS OF CONGRESS. 85 


the amount of the duties he has paid as part of the cost of 
the goods when he^ells them. If a higher price is caused 
in this way, this may deter importation and encourage the 
production of such articles in this country. Consequently, 
high rates of duties may have a decided influence upon the 
industries of a country. When the rates of duties are so 
adjusted as to bring about this result, we have a protective 
tariff; i.e. one under which persons can produce in this 
country certain articles which otherwise they could not 
produce, because of their cheapness when imported from 
a foreign country. The duties are made so high that it is 
not profitable to import the articles. When rates of duties 
are fixed primarily with the object of raising revenue, and 
without regard to their effect upon the industries of the 
country, we have a tariff for reventie. This kind of tariff 
is generally meant when the term free ti'ade is used 
Articles on which no duties are imposed are said to be 
on the free list. There is no country which fails to collect 
duties on some of its importations. 

Reciprocity Agreements. — The United States has entered into 
reciprocity treaties with various countries for securing the reduction of 
variff rates. Each country agrees to admit certain products of the 
other country at reduced rates, or free of duty. These are generally 
commodities in the production of which there is little or no competi¬ 
tion between the parties to the treaty. 

Internal Revenue Taxes. — Excises are taxes laid upon 
the manufacture and sale of certain products within the 
country. At the present time these internal revenue taxes 
are levied by the National government upon liquors,^ to- 

1 Taxes are levied, not only upon the liquors themselves, but upon the 
business of brewing and rectifying ; of selling by wholesale and by retail; of 


86 


THE NATIONAL CxOVERNMENT. 


bacco, >snuff, opium, oleomargarine, filled cheese, mixed 
flour, and playing cards. The greater number of these 
taxes are paid by the purchase of stamps, which must be 
affixed, in the proper denominations, to the articles taxed. 
When the packages are broken, the stamps must be de¬ 
stroyed so that they cannot be used again. 

War Taxes. — Because taxes of this kind are so easily collected, the 
government has extended them to a great number of articles when it 
suddenly needed a large revenue, as in the War of 1812, the Civil War, 
and the Spanish War of 1898. The law of 1898 increased the taxes on 
liquors and tobacco, and imposed new taxes on (i) proprietary articles, 
and (2) documents. Under the first heading fall patent medicines and 
compounds of various kinds. Documentary taxes ^ were imposed upon 
legal papers, such as deeds, mortgages, etc., and also upon bank checks 
and drafts, telegraph and telephone messages, and express receipts. 
Under this law the internal revenue receipts rose from $170,000,000 in 
1898, to $273,000,000 in 1899. Congress has repealed these special 
war taxes. 

The law of 1898 also levied taxes on bankers and brokers; and it 
included a legacy tax, which is still in force. Inheritances above 
<110,000 are taxed at various rates, which differ with the degrees of re¬ 
lationship that may exist between the one who bequeaths the property 
and the persons inheriting it. 

Rules for Levying Taxes. — The Constitution contains 
two rules by which Congress must be guided in the levy¬ 
ing of taxes. We have seen. Article I, Section 8, Clause i, 
that duties^ imposts^ mid excises^ must be uniform through¬ 
out the United States ; that is, the same rates must pre¬ 
vail everywhere. Another provision. Article I, Section 2, 
Clause 3, is that representatives and direct taxes shall be 


manufacturing stills ; and upon the stills themselves. A list of these taxes 
may be obtained from the collector of any internal revenue district. 

^ These were exactly like those imposed by Parliament in the Stamp Act 
of 1765. 


SOME IMPORTANT POWERS OF CONGRESS. 87 


apportioned among the several States . . . according to 
their 7'espective numbers?- 


We have, therefore, the following classification : 


1 . Direct 
taxes, 
levied on 


persons,' 

lands, 

incomes. 


Must be apportioned among 
the States according to popu¬ 
lation. 


II. Indirect duties, 
taxes imposts, 
excises. 


Must be uniform throughout 
the United States. 


So far, we have discussed the indirect taxes only, for at 
present the United States levies no direct taxes. In our 
previous history, however, the government has imposed 
all the kinds of taxes mentioned in the outline above. In 
levying a direct tax. Congress must determine the total 
amount to be raised (as ;^2,ooo,ooo in 1798, and ;^20,ooo,ooo 
in 1861), and then apportion this amount among the 
States, according to their population. It is evident that, 
if this kind of tax is imposed upon property or incomes, 
the rate will not be uniform throughout the United States. 

The bills introduced into Congress which provide for 
taxation are called ‘‘bills for raising revenue.” They 
must originate in the House of Representatives (Article I, 
Section 7, Clause i). The Committee on Ways and Means 
frames these bills. In the Senate, such bills are referred 
to the Committee on Finance, and here the bills may be 
amended. 

1 See also Article I, Section 9, Clause 4: No capitation, or other direct, tax 
shall be laid unless in proportion to the census or enumeratio 7 i hereinbefore 
directed to be take^i. 

2 These are poll taxes. Such a tax was levied on slaves in 1798 and 1813. 






88 THE NATIONAL GOVERNMENT. 

The Appropriation of Money. — Appropriation bills are 


those which provide for the expenditure of the govern- 

ment’s funds, and these bills are in charge of the com- 

mittee on appropriations in each house. 


Below is a list of the principal items in the revenues and 

appropriations for the year ending June 30, 

1903. 

Revenues. 


Duties. 

$284,500,000 

Internal revenue. 

230,800,000 

Miscellaneous. 

45,096,000 

Total. 

$560,396,000 

Expenditures. 


War Department. 

$i 18,600,000 

Navy Department. 

82,600,000 

Indian Bureau. 

12,900,000 

Pensions ....... 

138,400,000 

Interest on public debt ..... 

28,500,000 

Civil list and miscellaneous .... 

125,000,000 

Total. 

$506,000,000 


The Power to borrow Money. — We have now seen how 
money is provided for the government under ordinary cir¬ 
cumstances. In extraordinary cases this revenue is not 
sufficient; accordingly, Congress has been given power by 
Article I, Section 8, Clause 2, To borrow money on the a'edit 
of the United States. 

Money is borrowed in most cases by the sale of bonds. 
These are of the same nature as the promissory notes by 
which individuals obtain loans. National bonds state the 
promise of the United States to pay a certain amount, at a 
stated time, with interest A “ registered ” bond contains 
the name of the owner, and this is a matter of record at the 









SOME IMPORTANT POWERS OF CONGRESS. 89 

treasury department. When this bond is transferred, 
the record must be changed. “ Coupon ” bonds are usually 
payable to bearer; they have attached to them a number of 
coupons equal to the number of interest payments due 
during the term of the bond. 

Bonds are bought and sold on the market, and their prices are quoted 
in the daily papers. When the bonds fall due, they are redeemed by 
the government at their face value, or “ at par.” On the market all 
United States bonds are now selling “at a premium.” Issues of bonds 
were made in 1898, the rate of interest being 3 per cent, and in 1900, 
the rate being 2 per cent. The Public Debt Statement issued monthly 
by the treasury department gives the divisions of the bonded debt 
and the amount outstanding. On May 31, 1904, the amount of the 
interest-bearing debt was $895,157,430. 

II. The Power of Congress over Commerce. 

The Control of Commerce. — The power over commerce, 
which we are next to discuss, was given to Congress be¬ 
cause the history of the country under the Articles of Con¬ 
federation demonstrated conclusively the fact that State 
control of commerce was entirely inadequate. Through 
Congressional control we secure that uniformity which is 
essential to security and prosperity in commercial matters. 
Not all commerce that is carried on by the citizens of this 
country is subject to control by Congress. The Constitu¬ 
tion gives it the power, in Article I, Section 8, Clause 3, 
To regulate commerce ivith foreign stations^ and among the 
several States^ and with the Indian tribes. 

There is a vast amount of commerce that is carried on 
entirely within the limits of the different States. Over this 
commerce Congress has no power; it is regulated by State 
laws relating to trade and transportation. 


90 


THE NATIONAL GOVERNMENT. 


Interstate Commerce.—The distinction between State 
and interstate commerce is not readily seen in many cases; 
but in general it may be said that if a commodity starts in 
one State destined for another, its control throughout its 
course lies within the power of Congress. This principle 
applies to both land and water transportation. So the 
coast trade among the States lies within the jurisdiction of 
Congress; also, commerce upon those rivers that form 
highways between different States. The harbors and 
waterways of the United States have been improved by 
the expenditure of many millions of dollars. This money 
has been appropriated in the “ River and Harbor Bills ” 
that are passed by almost every Congress. 

The Interstate Commerce Law. — The importance of rail¬ 
road transportation led to the enactment, in 1887, of the 
“ Interstate Commerce Law,” controlling this form of com¬ 
merce. The law became necessary because of certain 
abuses which had arisen. In many instances, the rail¬ 
roads gave lower freight rates to certain persons than to 
others doing the same kind of business; again, the mer¬ 
chants or manufacturers of certain cities were favored by 
more liberal rates than could be obtained by those who 
were engaged in the same industries in other cities. As a 
result, the business of many persons and places suffered 
injury, while the business of their rivals prospered through 
the advantages given to them by the railroads. In conse¬ 
quence, the Interstate Commerce Law provided that all 
rates should be “just and reasonable.” It was made un¬ 
lawful to discriminate by giving to any particular person, 
corporation, or locality an unreasonable advantage over 


SOME IMPORTANT POWERS OF CONGRESS. 91 

others.^ All rates for interstate commerce must be made 
public under this law. Finally, the Interstate Commerce 
Commission was created to supervise the administration of 
the law. 

The Interstate Commerce Commission. — Complaints con¬ 
cerning the violation of the Interstate Commerce Law are 
made to this Commission, which consists of five members 
appointed by the President and confirmed by the Senate. 
The Commission cannot inflict penalties upon persons who 
are found by their investigations to have violated the law; 
this can be done only after the offender has been tried and 
found guilty in a court. Consequently, although some 
abuses have been corrected, the railroads still engage in 
other practices that are prohibited, and additional power 
must be given to the Interstate Commerce Commission 
before it can prevent the violation of the law. 

The Control of Trusts. — Among the abuses arising in 
connection with interstate commerce are those which re¬ 
sult when persons enter into agreements or combinations to 
prevent free competition; for under these circumstances 
prices are raised, or certain persons are favored in trade. 
In 1890, Congress passed a law prohibiting such combina¬ 
tions “ in restraint of trade or commerce among the several 
States or with foreign nations.” This is known as the 
Sherman Anti-trust Law. Now, a trust is simply a large 
corporation which has absorbed or killed off, more or less 
completely, other establishments engaged in the same in¬ 
dustry. The trust may or may not have a monopoly, that 

1 The 57th Congress passed in 1903 a law providing penalties for the grant¬ 
ing and the acceptance of “rebates.” 


92 


THE NATIONAL GOVERNMENT. 


is, complete control in that line of business; and it may or 
may not be engaged in interstate commerce. An agree¬ 
ment among certain railroad companies to establish and 
maintain freight rates was declared to be in violation of the 
law of 1890. Also, a combination, or “ conspiracy,” among 
railroad employees to stop the running of trains was de¬ 
clared illegal.^ 

The “ trust problem,” which is so prominent in current political dis¬ 
cussion, is the question of preventing the evils of combination in 
industry. These evils become evident when excessive prices are 
charged by persons who control certain lines of business; that is, when 
free competition is prevented in the production, transportation, or* sale 
of commodities. If the business conducted by a trust lies entirely 
within the limits of a single State’s boundaries, then it must be regu¬ 
lated by State law. How far Congress may go in its regulation of 
trusts under the interstate commerce clause of the Constitution, quoted 
above, is an unsettled problem. Some authorities hold that the power 
of Congress is sufficient to meet all cases; while others believe that the 
Constitution must be amended before Congress can pass laws which will 
prevent the evils of combination in industry.- 


III. The Money of the United States. 

Our National Currency. — Another of the most important 
powers of Congress is that granted in the following 
clause: — 

Article I, Section 8, Clause 5- To coin money^ regulate 
the value thereof, and of foreign coin, and fix the standard 
of weights and measures. 

In civilized countries it is the practice of the govern¬ 
ment to furnish to the people a “ circulating medium ” for 

1 Other cases are cited in “ Government in State and Nation,” p. 203. 

2 The Commissioner of Corporations in the Department of Commerce and 
Labor, which was created in 1903, has authority to investigate the manner 
in which corporations conduct their interstate business. 


SOME IMPORTANT POWERS OF CONGRESS. 


93 


use in trade and commerce. Two kinds of money are in 
use in the United States : (i) coin, or specie; and (2) paper 
money. The total amount of money in circulation in the 
United States on October i, 1903, was $2,^04,617,000, 
or ^29.75 per capita for the whole population. Of this 
amount, two-thirds, roughly speaking, was paper money of 
the various kinds, and one-third was metal money.^ We 
shall first consider the coins of the nation. 

How Coins are Made. — The coinage of money takes 
place at the mints, which are located at Philadelphia, 
Denver, New Orleans, and San Francisco. Gold and 
silver come to the mints in the form of bricks, or rough 
bars, to which the term bullion is applied. Alloy must be 
added to the pure metal for the purpose of rendering it of 
sufficient hardness to withstand wear. In our gold and 
silver coins one-tenth of the weight is an alloy composed 
of copper and nickel. A quantity of the bullion of the 
required purity is first melted and then cast into ingots, 
or long bars. Each bar is next run between heavy rollers 
until it takes the form of a thin strip. From the strip are 
punched round pieces, called “blanks,” of the size and 
thickness of the coin that is being made. In the next 
process the blank is weighed on a delicate balance; when 
found to be of the correct weight, the coin is placed in a 
powerful press, and from this it comes with its edge raised 
above the face and its edge milled. In a similar press the 
designs are stamped upon the faces of the coin. 

1 Annual Report, Secretary of the Treasury, 1903, pp. 129-132. In ad¬ 
dition to this amount in circulation the United States Treasury contained 
^316,000,000, of which $ 260 , 000,000 was gold. 


94 


THE NATIONAL GOVERNMENT. 


Below is a list of the coins now being minted. 

Gold Coins.^ 


Double eagle 
Eagle 


Half* eagle 
Quarter-eagle 


Silver Coins. 


Standard dollar 
Half dollar 


Quarter dollar 
Dime 


Minor Coins. 


Five-cent (nickel) 


One cent (bronze) 


The silver coins less in value than one dollar are called subsidiary 
coins. 

The Ratio of Gold and Silver Coins.— The law fixes the weight of 
pure metal in a silver dollar at 371.25 grains, troy weight, and that of 
the pure metal in a gold dollar at 23.22 grains. The ratio of these 
weights is 15.988+ : i, or nearty 16:1. This indicates the origin of 
the famous expression, sixteen to one.” 

Free Coinage. — By free coinage is meant a policy established by law, 
under which any person may bring bullion to the mint in any amount 
and have it coined; that is, the amount which the government will coin 
is imlimited by law. Our country has always had the policy of free 
coinage with respect to gold. This was also the policy in the coinage 
of our silver dollars until 1873. At that time the coinage of the silver 
dollar was discontinued until a law was passed in 1878 (the Bland Act) 
renewing its coinage, but in lunited quantities. The government 
purchased silver bullion under this law, and under the Sherman Act 
(1890), but since 1893 no silver bullion has been purchased for the 
coinage of silver dollars, but the bullion already on hand has been 
used for this purpose. 

Paper Money. — We have in the United States five 
kinds of paper money in general circulation: — 


Kinds. 


Amounts outstanding Oct. i, 1903. 


4. National bank notes . 

5. Treasury notes of 1890 


1. United States notes . 

2. Gold certificates 


3. Silver certificates 



1 No gold one-dollar pieces have been coined since 1890. 





SOME IMPORTANT POWERS OF CONGRESS. 


The History of United States Notes. — United States 
notes, or “ greenbacks,” as they are commonly called, 
originated during the Civil War. When the government 
was without specie with which to purchase supplies for 
the army and pay other expenses, it issued these notes. 
Each note says on its face, “ The United States will pay 

to bearer $ -” Since no time was set for the fulfillment 

of this promise, and since there was neither gold nor 
silver in the treasury with which to redeem the notes, 
people would naturally hesitate to accept them in payment 
for goods or salaries. Consequently, Congress made the 
notes legal tender ” ; ^ that is, the law compelled cred¬ 
itors to receive this kind of money in payment for debts. 
The notes passed into circulation, therefore, because 
people were forced to take them ; but their value de¬ 
preciated greatly during the war. In 1879 the govern¬ 
ment began the redemption of the notes in specie, and 
since that time they have been worth their face value. 

Gold and Silver Certificates. — It is much more con¬ 
venient to handle paper money than coins. Consequently, 
provision is made for the gold certificates and silver cer¬ 
tificates which represent, respectively, gold coins and silver 
dollars stored in the United States treasury and ready for 
exchange for the certificates at any time. 

National Bank Notes. — The fourth kind of paper money 
is issued by national banks. These are organized under 
United States law and subject to control by an officer of 

1 Our full legal tender coins at present are the gold coins, silver dollars, 
United States notes and treasury notes of 1890. Subsidiary silver coins are 
legal tender in amounts not greater than 10.00, and the minor coins are legal 
tender to the amount of twentv-five cents. 


96 


THE NATIONAL GOVERNMENT. 


the Treasury Department. Like banks that are organized 
under State law, national banks conduct the ordinary 
banking operations. This part of their business is subject 
to failure, and the depositors are liable to loss, as in the 
case of other banks. But the holder of a National bank 
note may always be sure of the fulfillment of the promise 

printed on its face, that “The National Bank of- 

will pay the bearer $_, on demand.” This is because 

the security for these notes consists of United States bonds. 
Every National bank owns an amount of these bonds equal 
to the amount of its notes in circulation ; the bonds are 
deposited with the government at Washington, and if the 
bank should fail, the bonds may be sold by the government 
and thus specie will be secured with which to redeem the 
notes. 

The amount of treasury notes of 1890 is comparatively 
small, and this kind of money is destined to disappear 
within a few years. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. The tariff schedule in force at the present time may be found in 

newspaper almanacs. Is this tariff high, low, or moderate in 
its rates ? 

2. The Statistical Abstract, published by the Bureau of Statistics of 

the Treasury Department, gives the list of items upon which 
duties and internal revenue taxes are collected, and the amounts 
yielded by each for a series of years ; the expenditures of the 
government, with the chief items; a statement of the National 
debt; and statistics concerning the money of the United States. 

3. Why do liquors and tobaccos bear the heaviest excise taxes ? 

What reasons can you give for taxing the other articles men¬ 
tioned on p. 86 ? 

4. For a statement of the principal items of the public debt in 1901, 

see James and Sanford, Government in State and Nation, p. 193. 




SOME IMPORTANT POWERS OF CONGRESS. 97 


5. The evils of trusts and the remedies proposed are discussed in the 

following articles: Arena, 23:40-58, 617-626; 24:569-572; 25: 
264-270. Atl. Mo., 87:736-745; 89:332-339. Cent. Mag., 

60:143-149, 152-153. Forum, 28:412-426; 30:286-293. N. Am. 
Rev., 174 : 778-784. Nation, 71 : 4-5. 

6. Because our coins contain one-tenth alloy, they are said to be nine- 

tenths fine. Calculate from the weights of pure metal, given on 
p. 94, the total weights of the gold and silver dollars. 

7. For information concerning the Act of Congress fixing a “ standard 

of weights and measures,” see Government in State and Nation, 
219. 

8. The depreciation of the United States notes, referred to on p. 95, 

is shown graphically in Government in State and Nation, 210. 


U 


CHAPTER XL 


OTHER GENERAL POWERS OF CONGRESS. 

I. Power of Naturalization. 

Who are Citizens. — Who are citizens of the United 
States is always a question of interest. We find it clearly 
answered in the first clause of the fourteenth amendment 
as follows : All persons born or naturalized in the United 
States and subject to the jurisdiction thereof are citizens of 
the United States and of the States wherein they reside. 

Thus there are two classes of citizens: (i) those who 
are citizens by birth; (2) those who have been natural¬ 
ized. Children born in this country, though of foreign 
parentage, and residing here, may be considered American 
citizens if they choose. According to an Act of Congress, 
passed in 1882, Chinese aliens may not be naturalized; 
but our Supreme Court has decided that a child born in the 
United States, of Chinese parents, is a citizen, if he desires 
to be. Though born in a foreign country, a child whose 
father is an American citizen may claim the privilege of 
American citizenship. Indians who keep their tribal 
relations are not included under the provisions of this 
section. 

Naturalized Citizens. — The second class of citizens are 
those who are naturalized. That the rules should be uni- 

98 


OTHER GENERAL POWERS OF CONGRESS. 


99 


form by which aliens become citizens, is self-evident. 
After a brief discussion, the Constitutional Convention 
provided in Section 8, Clause 4, that Congress shall have 
the power to establish a uniform rule of naturalization, and 
tmiform laws on the subject of bankruptcies throughout the 
United States. 

Process of Naturalization.—(i) The foreigner desiring 
to become a citizen goes before the clerk of any court of 
record and declares, “ upon oath,” that it is his intention 
to become a citizen of the United States, and to renounce 
all allegiance to the government which has jurisdiction over 
him. He then receives his “first papers.” (2) After he 
has resided in the United States for five years, providing 
two years have elapsed since his “ declaration of intention,” 
he may secure his certificate of naturalization. He must 
appear in open court and swear that he will support the 
Constitution of the United States, and renounce all alle¬ 
giance to any foreign power. Two witnesses must testify 
to his term of residence, and declare that he is a man of 
good moral character. His wife, and those of his children 
who are under twenty-one years of age, become citizens at 
the same time. In certain cases. Congress has, by a single 
act, admitted large numbers of aliens to American citizen¬ 
ship, as it did at the time of the purchase of Louisiana, 
the annexation of Texas, and of Hawaii. 

Bankrupt Laws. — It sometimes happens, because of general depres¬ 
sion in trade throughout the country, on account of losses, or for other 
reasons, that business men become heavily involved in debt. They are 
said to be insolvent. Now it is but just that such property as they 
have should be divided in some equitable way among the creditors. 
A bankrupt law secures such a division, and the debtor is, at the same 


100 


THE NATIONAL GOVERNMENT. 


time, freed from all legal obligation to pay the debts which cannot be 
met in this way. The first law of Congress on this subject was passed 
in 1802, and repealed in 1803. Since that time there have been three 
other bankrupt laws, but the total time during which they have been in 
force amounts only to "ome twenty years. The last law, that of 1898, 
is still in operation.^ 

Some States have also passed insolvency laws. How¬ 
ever, these must not in any way conflict with the provisions 
of the national bankrupt laws. 

II. The Postal System. 

Organization of the Post-office Department. — We can 
appreciate somewhat the advancement made in the postal 
service rendered by the government when we read that an 
Act of Congress in 1782 directed that mail should be carried 
“atleast once in each week from one office to another.” 
Our well-organized postal system, declared recently by the 
Postmaster-General to be the “greatest business concern” 
in the world,^ has been evolved through laws made in car¬ 
rying out the provision of the Constitution that Congress 
shall have power to establish post-offices and post-roads. 

As is well known, the Postmaster-General, a member of 
the President’s Cabinet, is at the head of this Department 
of government. Among his duties, that of overseeing the 
appointment of some 70,000 postmasters is by no means 
the least.^ These are the so-called fourth-class post- 

1 See “ Government in State and Nation,” pp. 224, 225, for a further discus¬ 
sion of bankrupt laws — especially that of 1898. 

2 The total receipts of the Post-office Department for 1902 were Hi 21,840,- 
047. 

^ The appointments are actually made by the Fourth Assistant Postmaster- 
General. 


OTHER GENERAL POWERS OF CONGRESS. lOI 

masters. The other three classes, in which are included 
those postmasters whose salaries are not less than ;^iooo, 
are appointed by the President, with the consent of the 
Senate. 

Classes of Mail. — Mail matter belongs to one of four classes. In 
general, the classes and rates are as follows : First class — letters, two 
cents an ounce; second class — newspapers and periodicals, one cent 
a pound; third class — books, one cent for two ounces; and fourth 
class — merchandise, limited to four-pound packages, one cent an ounce. 

Free Delivery. — Among the notable advances in the 
mail service was the provision for the free distribution of 
mail in the cities of 10,000 inhabitants, or where the annual 
postal receipts are ^10,000 and above. 

Rural Free Delivery. — No innovation in postal methods 
has been more successful than the free delivery of mails 
in the country districts. The development of the system, 
since its establishment in 1897, has been remarkable.^ 

Among the good effects resulting from its extensive 
introduction may be mentioned the following: (i) Cor¬ 
respondence in the communities affected has increased. 
(2) The circulation of the daily newspaper and of periodi¬ 
cal literature has been greatly enlarged, and interest has 
grown in public affairs. (3) Good roads have been multi¬ 
plied, for they are made one of the conditions for the intro¬ 
duction of the service. (4) Because the country districts 
are brought into daily communication with the centres of 
population, the tendency to quit the farm for the town 

1 According to the report of the superintendent for the year ending June 30, 
1902, 8413 routes had been established. Congress granted an additional 
sum of nearly $5,000,000 to extend this service during the year 1903. Presi¬ 
dent Roosevelt, in his annual message for 1902, pronounces the system an 
unqualified success, and urges its further extension. 


102 


THE NATIOxNAL CxOVERNMENT. 


has been lessened and thus rural free delivery is helping, 
in some degree, to solve one of the problems of our 
social and industrial life. 

Money Orders. — Another great convenience in this de¬ 
partment is the “ money order ” office, through which 
money may be transferred quickly and safely. The office 
is also made a bank of deposit by many persons, who 
secure money orders payable to themselves. 

Postal Savings-banks. — At various times bills have been before 
Congress providing for the establishment of postal savings-banks in 
connection with post-offices. It is proposed that they shall receive 
small amounts on deposit, paying a low rate of interest, and that the 
funds secured be invested in government bonds. A strong argument 
in favor of their establishment is, that they have met with much favor 
in many of the European countries. 

Some of the Defects in our Postal System. — (i) One of the great 
abuses in the postal system arises through the delivery of second-class 
matter. There can be little doubt but that private interests are often aided 
by a perversion of the law defining periodical publications. That this 
is an unjust drain upon the public funds is clear, when we consider that, 
in a recent year, the government expended $17,277,783 more than it 
received for carrying second-class mail. (2) Another serious defect 
has existed, in the payment of exorbitant rates to railroad companies 
for carrying the mails. (3) Some Congressmen abuse the privilege 
granted them of sending government publications free. (4) The pos¬ 
tal system has offered one of the best fields for the manipulation of 
the spoilsman. , Postmasters have been usually appointed on the recom¬ 
mendation of representatives, and, too frequently, the one essential 
to securing an office is that the successful applicant must be influential 
in politics.1 

1 “ The policy now is to consider all fourth-class postmasters as appointed 
for an indefinite period, and subject to removal for cause only.” — Report of 
Civil Sei'vice CofumissioUf 1901-1902, p. 20. 


OTHER GENERAL POWERS OF CONGRESS. 


III. Copyrights and Patents. 

Copyrights and Patents. — Section 8, Clause 8. To pro¬ 
mote the p7'ogress of science and useful arts, by securing, for 
limited times, to atithors and inventors, the exclusive right 
to their respective writings and discoveries. 

The development of American literature has been 
greatly aided through the operation of laws based on this 
clause. Copyrights are secured from the Librarian of Con¬ 
gress. Any person obtaining a copyright has the sole 
right to print, copy, or sell the book, chart, engraving, 
music, etc., for a period of twenty-eight years. A copy¬ 
right may be renewed for fourteen years longer. It may 
be sold or transferred, providing a record of the transfer 
be made in the office of the Librarian of Congress, within 
sixty days. 

Patents. — Americans have been rightly named the 
great inventors of the world. Not a little of our marvel¬ 
ous industrial progress has been due to this^ inventive 
ability. The government has contributed to the same 
end, through the enactment of laws protecting those in¬ 
ventors who secure patents. A person desiring a patent 
must declare upon oath, in his petition addressed to the 
Commissioner of Patents, that he believes himself to be 
the first inventor of the article for which he solicits a 
patent. The sum of fifteen dollars is charged for filing 
the application, and twenty dollars for issuing the patent. 
A patent is granted for seventeen years, but may be ex¬ 
tended for seven years more. During this period, the 


104 


THE NATIONAL GOVERNMENT. 


patentee has the exclusive right to manufacture, sell, or 
transfer his invention.^ 

IV. Military Powers of Congress. 

Section 8, Clauses ii, 12, 13, 14. To declare %var^ grant 
letters of marque and reprisal^ and make rides concernmg 
captures on land and water. 

To raise and support armies^ but no appropriation of 
money to that use shall be for a longer term than two years. 

To provide and maintain a navy. 

To make rules for the government and regidation of the 
land and naval forces. 

The Army. — Americans are always impressed by the 
military spirit so prevalent in European nations. Com¬ 
pared with the standing army of Germany, which has 
some 700,000 men, and with that of Russia, containing 
1,000,000 men, or with that of most European nations, 
our army is insignificant in size. According to a law 
of 1901, the army of the United States cannot contain 
more than 102,258 men.^ 

Fortunately, there has always existed in the United 
States the desire to keep the standing army from becom¬ 
ing unduly large. The Constitution itself indicates that 
appropriations for the army shall not be for a longer 
time than two years. At the end of this period, the 

^ The total number of applications filed for patents, in 1902, was 50,000. 
This was the largest number ever applied for in a single year. 

2 The annual report of the Secretary of War, for 1902, shows that the num¬ 
ber of enlisted troops in our army numbered 59,866, which is the minimum 
number provided for by the act mentioned. 


OTHER GENERAL POWERS OF CONGRESS. 105 


people may check the growth of the army through the 
election of representatives opposed thereto. 

Officers and Classification of the Army. — The President is, ex- 
officio^ commander-in-chief of the army and navy of the United States. 
The office of general was created, by Congress, March 3, 1799, but was 
not filled. It was revived in 1866 for General Grant, General Sherman 
succeeding to the title in 1869. The same rank was bestowed on 
General Sheridan in 1888. The lieutenant-general is next in rank 
to the general. The army is distributed geographically as follows: 
Division of the Philippines and the Departments of California, of the 
Colorado, of the Columbia, of Dakota, of the East, of the Lakes, of the 
Missouri, and of Texas. The Division is in charge of a major-general, 
and the Departments are each in charge of a major-general or of a 
brigadier-general. The commands which correspond to each grade 
are: major-general, four regiments; brigadier-general, two regiments; 
colonel, one regiment; lieutenant-colonel or major, a battalion or 
squadron; captain, a company. As now organized, infantry regiments 
consist of 12 companies, of 65 men each. Cavalry regiments contain 
12 troops, each having 65 enlisted men. 

The Navy. — We are told by competent authorities that 
one of our best means of preserving peace with foreign 
powers is to maintain a strong navy. This has become 
much more necessary since the United States has begun 
to acquire insular possessions. Although the construction 
of the modern American navy was not begun until 1883, 
since that time progress has been so marked that it is now 
estimated our navy ranks fourth among the navies of the 
world. The order is Great Britain, France, Russia, the 
United States. In the year 1899 Congress appropriated 
$^ 6 , 000,000 for the construction of twelve new ships of 
war.i 

1 According to the report of the Secretary of the Navy, for 1902, the fight¬ 
ing strength of the American navy, counting ships launched, under construction, 


THE NATIONAL GOVERNMENT. 


I 06 

Names of Vessels. — A ship of the first class is given the name of a 
State; one of the second class that of a principal city or river, and the 
names for ships of the third class are selected by the President. The 
navy now contains 312 vessels. 

Officers in the Navy. — The titles admiral and vice-admiral, corre¬ 
sponding to the grades of general and lieutenant-general in the army, 
were created by act of Congress to be bestowed on the following men 
as recognition for distinguished services during the Civil War: Admirals 
Farragut and Porter; and Vice-Admirals Farragut, Porter and Rowan. 
Admiral Dewey was granted his title by a special Act of Congress after 
the battle of Manila. The officers of the navy ranking with major- 
generals, brigadier-generals, colonels, and so on, in the army, are rear- 
admirals, commodores, captains, commanders, lieutenant-commanders, 
lieutenants, masters, ensigns. 

The Militia. — With but little opposition in the Constitu¬ 
tional Convention, Congress was given the power to make 
provision for citizen-soldiers as follows : — 

Section 8, Clause 15. To provide for callmg forth the 
viilitia to execute the laws of the Unio7i, suppress insurrec¬ 
tions and repel invasions. 

Clause 16. To provide for organizings arming and dis¬ 
ciplining the militias and for governing such part of them as 
may be employed in the service of the United StateSs reserv¬ 
ing to the States respectively the appointment of the officerss 
afid the authority of training the militia according to the 
discipline prescribed by Congress. 

Number of the Militia. — All able-bodied male citizens 
of the United States and males between eighteen and 
forty-five years of age who have declared their intention to 
become citizens are regarded as the militia force of the 
country. As a matter of fact, there are at present only 

and authorized by acts of Congress, has increased to four times what it was at 
the beginning of the war with Spain. 


OTHER GENERAL POWERS OF CONGRESS. 107 

about 100,000 men enrolled in this service. But in the 
case of an emergency the President may compel the gov¬ 
ernors of the various States to furnish the troops needed. 
The militia may thus be called into service, under their 
own State officers, for a period of nine months. The War 
of 1812 and the Civil War furnish the best illustrations of 
the enforcement of this provision. 

Volunteers of 1898. — We should note here the manner in which 
men were secured for the war against Spain. We see, according to 
Clause 15, that the militia may be called out only for the purposes of 
executing the laws of the Union, suppressing insurrections, and repelling 
invasions. Now, in the case given, the war was to be conducted in 
foreign territory, and President McKinley called for 200,000 volunteers. 
It was understood, however, that preference would be given to those 
volunteers who were already members of the organized militia. 

V. Location of the Capital. 

Section 8, Clause 17. Congress shall have the power to 
exercise exclusive legislation in all cases whatsoever over 
such district {not exceeding ten miles square) as may, by ces¬ 
sion of particidar States and the acceptance of Congress, 
become the seat of the government of the Ufiited States, and 
to exercise like authority over all places purchased by the 
consent of the legislature of the State in which the same 
shall be, for the erection of forts, magazines, arsenals, dock¬ 
yards, and other needful buildings. 

One of the most interesting contests in American history 
arose in the selection of a site for the capital city. Con¬ 
gress finally accepted, for this purpose, one hundred square 
miles of land on the Potomac River, which was ceded by 
Maryland and Virginia. The thirty square miles given 


o8 


THE NATIONAL GOVERNMENT. 


by Virginia were afterward returned to that State. The 
capital was to be in New York until 1790, then in Phila¬ 
delphia until 1800. In 1800 it was transferred to the new 
district, called the District of Columbia.^ 

VI. Implied Powers. 

Strict and Loose Construction. — Our national develop¬ 
ment has been, in large measure, dependent on the inter¬ 
pretation of the next clause of the Constitution. It is often 
called the elastic clause. 

Section 8, Clause 18. To make all laws which shall be 
necessary and proper for carrying into execntion the foregoing 
poivers and all other poivers vested by this Constitution in the 
government of the United States or in any department or 
officer thereof. 

Briefly stated, the problem has always been. Has Com 
gress the right to exercise powers not definitely granted by 
the Constitution ? Alexander Hamilton first set forth the 
doctrine of implied powers. He urged that Congress 
might, in carrying out specific powers, use methods not 
expressly provided for in the Constitution, as in the creation 
of a bank or a mint. Since the time of this interpretation, 
which, fortunately for American interests, was sanctioned 
by Washington and later by the Supreme Court through 
its great Chief Justice John Marshall, the advocates of the 
doctrines of strict and loose construction have contended 
for their principles. Does the Constitution permit the ac¬ 
quisition of territory.? May Congress establish a protec¬ 
tive tariff, or a system of internal improvements.^ We 

^ For the government of this district, see “ Government in State and Nation,” 

p. 239. 


OTHER GENERAL POWERS OF CONGRESS. 109 


have here but three of the great questions which have led 
to a definition of these opposing views. Speaking in 
general terms, the party in power has favored loose con¬ 
struction, while the party out of power has advocated 
strict construction. Said Mr. Bryce, “ The Americans 
have more than once bent their Constitution in order that 
they might not be forced to break it.”^ 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What are star routes? James and Sanford, Government in State 

and Nation, 229. 

2. Should postal savings-banks be established? N. Am. Rev., 172: 

551 - 554 - 

3. Should there be a system of postal telegraphy? Cent. Mag., 

59 : 952-956;. N. Am. Rev., 172 : 554-556. 

4. Extent and advantages of Rural Free Delivery, Rev. of R’s, 27 : 55- 

60. 

5. Perils of the Postal Service, N. Am. Rev., 172: 420-430, 551-559. 

6. Defects in the Postal System, N. Am. Rev., 174 : 807-819 ; 175 : 115- 

127. 

7. Privateers and privateering. Government in State and Nation, 

204; Walker, The Making of the Nation, 231, 232. 

8. For the methods employed in the patent office and a comparison 

between our system and that of European nations, see Cent. 
Mag., 61 : 346-356. 

9. A good account of the reorganization of the army of the United 

States is given in the Atl. Mo., 89: 437-451. 

10. The Development of the United States Army, Scribner’s Mag., 

30:286-311, 446-462, 593-613- 

11. West Point after a Century, World’s Work, August, 1902, 

2433-2451- 

12. A Hundred Years of West Point, Outlook, 71: 591-601. 

13. Life at West Point, Rev. of R’s, 26: 45-53- 

14. What was the character of our navy prior to 1883? Harrison, 

This Country of Ours, 251-255. 

1 Bryce, “ American Commonwealth,” I, 390. 


I 10 


THE NATIONAL GOVERNMENT. 


15. The New American Navy, Outlook, 73: 323-337. 

16. Comparison of the strength of our navy with that of other nations, 

Rev. of R’s, 25 : 561-570. 

17. What special problem was connected with the location of the 

capital? How was it finally settled? Hart, Contemporaries, 
III, 269-272; Schouler, I, 152-156; McMaster, I, 555-562; 
World’s Work, i: 191-195. 

18. The development of Washington during the past one hundred 

years is discussed in Rev. of R’s, 22: 675-686 ; Forum, 30:545- 
554; Outlook, 70:310, 311, 817-829; Cent. Mag., 63:621-628, 
724-756; Cosmop,, 30: 109-120. 

19. Proposed Improvements in Washington, Cent. Mag., 63:621- 

628, 747 -759- 

20. For the influence of the doctrine of implied powers, see : — 

{a) Internal Improvements, Hart, Contemporaries, III, 436-440; 
Walker, The Making of the Nation, 204, 205, 262, 363 ; 
Hart, Formation of the Union, 227-229, 353-355. 

(d) The United States Bank, Hart, Contemporaries, III, 446- 
450; Hart, Formation of the Union, 150-151, 226-227; 
Walker, The Making of the Nation, 82-83. 

(<:) The annexation of territory. Hart, Contemporaries, III, 373- 
376 ; Walker, The Making of the Nation, 177-184 ; Hart, 
The Formation of the Union, 188. 

(</) Legal tender cases, Wilson, Division and Reunion, 280-281. 


CHAPTER XII. 


POWERS DENIED THE UNITED STATES AND THE 
SEVERAL STATES. 

While restrictions on Congressional powers are found 
elsewhere in the Constitution, Section 9 of Article I seems 
to have been framed especially for this purpose.^ 

Writ of Habeas Corpus. — Clause 2 provides : The privi- 
lege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion, the public 
safety may require it. 

A writ of habeas corpus is a writ granted by a court, 
commanding an officer-to produce before it a prisoner, in 
order that the court may inquire into the cause of his 
imprisonment or detention. If, after such inquiry, it is 
found that the person is detained for insufficient cause, he 
is granted his freedom. 

President Lincoln and the Writ of Habeas Corpus. — President 
Lincoln, as a military necessity, in 1861, suspended the privilege of the 
writ over a limited area, constituting a large part of the State of Mary¬ 
land. The Supreme Court, however, declared his order non-effective, 
maintaining that the right of suspending the writ of habeas corpus lay 
with Congress, though it might be granted to the President. * This 
attempt on the part of the Supreme Court to restrain Mr. Lincoln was 
a failure, and shows that even the highest of our tribunals may not have 

1 Clause I of this Article formed an important part of the third great com¬ 
promise which was discussed on p. 43. 


II2 


THE NATIONAL GOVERNMENT. 


its usual power in time of war. It was not until March 3, 1863, that 
Congress made the decree of President Lincoln legal by authorizing him 
to suspend the writ whenever he believed the public safety demanded 
it. In September of that year he declared the suspension general 
throughout the country. 

Ex Post Facto Laws. — Clause 3. No hill of attainder 
or ex post facto laws shall be passed. 

An ex post facto law, as defined by the Supreme Court, 
is a law which renders an act punishable in a manner 
in which it was not punishable when it was committed.” 
It applies to acts of a criminal nature only.^ 

Care of Public Money. — Clause 7. No money shall be 
drawn from the treasury^ bnt m consequence of appropria¬ 
tions 7 nade by law ; and a regtdar state^nent and account of 
the receipts and expendiUires of all public moriey shall be 
published from time to thne. 

It is proper in a government such as ours that the 
control of the public money should be lodged with the 
representatives of the people. Through the annual report 
of the Secretary of the Treasury, the people may know 
from what sources our revenues are derived and for what 
purposes the money is expended. 

Titles of Nobility and Gifts. — Clause 8. No title of 
7 iobility shall be granted by the United States; a7id 710 
persofi holding any office of profit or trust under them shall, 
ivithout the conse7it of the Congress, accept of any present, 
emolument, office, or title of any kind whatever f7vm any 
king, prhice, or foreign state. 

According to the wording of the clause, Congress may 

1 Clause 4 is discussed under National Finances, p. 87. 


POWERS DENIED THE STATES. 


II3 

allow gifts, of the kind mentioned, to be accepted by our 
National officials. Usually, however, such gifts pass into 
the keeping of government. 

Powers denied the States. — We recall the power of the 
States and weakness of the general government under the 
Articles of Confederation. It was plain to the members 
of the Constitutional Convention that hopeless confusion 
would arise if the States should also be given the right 
to coin money, pass ex post facto laws, etc. Therefore, 
certain prohibitions were made on the powers of the States. 
In Section 10, Clause i, we note that these prohibitions are 
absolute, as: — 

No State shall enter into any treaty^ alliance or confed¬ 
eration ; grant letters of marque and reprisal^ coin money^ 
emit bills of credit; make anything but gold and silver coin 
a tender in payment of debts ; pass any bill of attainder^ 
ex post facto law, or law impairing the obligation of con¬ 
tracts, or grant any title of nobility} 

In Section 10, Clauses 2 and 3, the prohibitions are only 
conditional; thus : — 

No State shall, without the consent of the Congress, lay 
any impost or duties on imports or exports except what 
may be absolutely necessary for executing its inspection 
laws; and the net produce of all duties and imposts laid by 
any State on imports or exports, shall be for the use of the 
treasury of the United States; and all such laws shall be 
subject to the revision and control of the Congress. 

^ In the celebrated Dartmouth College case, it was finally determined that a 
State legislature may not modify the terms of a contract. See Life of John 
Marshall, by Magruder, “ American Statesmen,” new ed., 188-190. 


1 14 THE NATIONAL GOVERNMENT. 

No State shall, without the consent of Congress, lay any 
duty of tonnage, keep troops or ships of war in time of 
peace, enter into any agreement or compact with another 
State or zvith a foreign poiver, or engage in war, unless 
actiLally invaded or in such imminent danger as will not 
admit of delay. 

More Complete Protection of Personal Rights. — By a 
careful reading of Sections 9 and 10, it is seen that some 
of the rights of the individual are guarded against encroach¬ 
ment on the part of government, either National or State. 
But the people felt that there were other personal rights 
which needed protection. They were familiar with the 
Bills of Rights in their own State constitutions. That 
the National Constitution did not also contain a Bill of 
Rights was, as we have seen, one of the chief arguments 
made against its adoption in the State conventions.^ 

The First Ten Amendments. — A large number of prop¬ 
ositions, therefore, were submitted to the first Congress 
by the States. Seventeen of these were selected by the 
House of Representatives, and proposed as amendments 
to the Constitution. Twelve of these were acceptable to 
the Senate also, and ten were ratified by the required three- 
fourths of the State Legislatures. We call them the first 
ten amendments to the Constitution. If we read these 
amendments, we shall find that really they are a Bill of 
Rights, for the preservation or protection of rights of the 
people is expressed in all.^ 


1 See p. 45. 


2 See Appendix A. 


CHAPTER XIII. 


THE EXECUTIVE DEPARTMENT. 

The President and his Election. — We have seen that 
the one great weakness of the government under the Con¬ 
federation was that there existed no adequate executive. 
After much discussion in the Convention, the fear of a 
despot at the head of affairs gave place to the desire to 
secure executive energy and responsibility. To-day, the 
President is the most notable personage among all our 
officials. Mr. Bryce calls the Presidential office the great¬ 
est office in the world unless we except the papacy. In 
the Executive Department, the President’s power is prac¬ 
tically absolute. He may appoint and remove, either 
directly or indirectly, all officials of the department, and 
they are finally responsible to him in the performance of 
their duties. His control of international relations and 
his influence on legislation are, as we shall see, extensive. 

Length of Term.— Article II, Section i. Clause i. The 
executive power shall be vested in a President of the United 
States of America. He shall hold his office during the term 
of four years y and, together with the Vice-President, chosen 
for the same term, be elected as follows: — 

Method of Election. — How shall the President be 
chosen ? This problem is said to have taken one-seventh 

”5 


i6 


THE NATIONAL GOVERNMENT. 


of the entire time of the Convention. While there were 
those who believed that election by the people would be 
wise, still this sentiment was not general. It was thought 
that a choice in this way would cause great “ tumult and 
disorder.” Besides, it was urged that the people would 
not be sufficiently acquainted with the men who have the 
necessary qualifications for such high office. For a special 
investigation of this sort, they agreed that it would be best 
to select a small number of persons who would be most 
likely to possess the required information and discernment. 
The appointment of these independent electors was pro¬ 
vided for as follows : — 

Appointment of Electors. — Section i. Clause 2. Each 
State shall appoint^ in such maimer as the legislature thereof 
may direct^ a number of electors equal to^ the zvhole number 
of senators and representatives to ivhich the State may be 
entitled in the Congress; but no senator or representative 
or person holding an ojfce of trust or profit under the United 
States, shall be appointed an elector. 

Article II, Section i. Clause 3. The Congress may 
determine the time of choosing the electors, and the day on 
which they shall give their votes, which day shall be the 
same throughout the United States. 

At present, the appointment of electors is a necessary 
but a comparatively unimportant step in the election of a 
President. 

The real power exists in the National conventions of the 
great political parties. Instead of exercising the right of 
free choice, as they were originally expected to do, the 
electors are really bound to vote for candidates nominated 


THE EXECUTIVE DEPARTMENT. 


I17 

ill these conventions. Let us consider, then, some of 
the chief points in the history and practical working of 
National conventions. 

Early Methods of Nominating. — Like the development of other 
political usages, the method of nominating a President passed through 
several stages before the present plan of nominating conventions was 
reached. No nominations were made in the first two Presidential elec¬ 
tions. In 1796, Washington having refused to be a candidate for a 
third term, party managers in Congress agreed informally on Adams 
and Jefferson as the candidates of the Federalist and the Republican 
parties respectively. A caucus of Federalist Congressmen, in 1800, 
nominated Adams and Pinckney, and a caucus of Republican Congress¬ 
men nominated Jefferson and Burr, for the offices of President and 
Vice-President. The Republican members of Congress continued to 
hold a regular caucus and thus to direct the votes of the party electors 
until 1824. In that year William H. Crawford, the last Congressional 
nominee, was defeated. There was opposition to the Congressional 
caucus from the beginning, for such a method was regarded as undemo¬ 
cratic. In 1824 and 1828 the several State Legislatures put forward 
their favorites for the office of President. 

Development of National Conventions. — As early as 1812, De Witt 
Clinton was nominated as the candidate of the Federalists in a conven¬ 
tion held in New York City, made up of seventy delegates, who repre¬ 
sented eleven States. But the National nominating convention, as we 
know it, was used for the first time by the Anti-Masonic party, which 
selected William Wirt for its candidate in 1831. This method was 
followed in the same year by the National Republican party, which 
nominated Henry Clay. The National convention of the Democratic 
party in 1832 nominated Andrew Jackson, who had already been nomi¬ 
nated by many local conventions and State Legislatures. Many years 
elapsed before the present complex organization was reached, but since 
1836, with the single exception of the Whig party in that year, parties 
have regarded the National convention as an essential factor in electing 
President and Vice-President. 

Election of Delegates to the National Conventions. — The 
National conventions of the Republican and the Demo- 


Il8 THE NATIONAL GOVERNMENT. 

cratic parties are made up of twice as many delegates from 
the different States as these States have representatives 
and senators in Congress. Delegates are chosen by con¬ 
ventions in the various States in April or May of the Presi¬ 
dential election year. According to the usual method, two 
delegates are selected for each of the Congressional dis¬ 
tricts by the district conventions of each party, and four 
delegates at large are chosen by the State conventions. 
In some States, all the delegates of a party are selected in 
the State convention. The Republican National conven¬ 
tion also admits to full membership two delegates from 
each Territory and one from the District of Columbia. 

The National convention is held in some leading city 
during the month of June or July of the year in which a 
President is to be elected. A few days before the time 
set for the convention, the delegates, together with many 
thousands of politicians and sight-seers, flock to that city. 
Headquarters are established and delegates are inter¬ 
viewed on behalf of the different candidates. On the day 
appointed, the convention is called to order by the chair¬ 
man of the National committee, under whose auspices the 
convention is to be held. A temporary chairman is elected, 
and clerks and secretaries are appointed. Committees are 
also appointed, the most important being those on creden¬ 
tials and on resolutions. Each State delegation selects one 
of its members for each of the committees. In the next 
session, a permanent chairman is usually selected, and the 
committee on resolutions presents its report, which sets 
forth the platform embodying party doctrines and prin¬ 
ciples. Nominations are then in order. The roll of 
States is called, and the various delegations place before 


THE EXECUTIVE DEPARTMENT. 


II9 

the convention the favorite of their State. A State often 
waives its privilege in behalf of some other State which 
has a candidate to present. Again the clerk calls the roll 
of the States, and each chairman of a delegation announces 
the votes from his State. In the Republican convention, 
a majority of the number of delegates voting is sufficient 
to nominate; but no nomination is possible in the Demo¬ 
cratic convention except by a vote of two-thirds of the 
delegates. Then follows the selection of a candidate for 
Vice-President. In this choice, the attempt is made to 
secure some man who will add strength to the party, and 
who comes from a different section of the country from 
that represented by the candidate for the Presidency. He 
may, as in the cases of Tyler and Johnson, represent a 
faction of the party that is not in entire agreement with 
the majority. 

The National Committee. — A National committee is also appointed, 
made up of one member from each State, who is nominated by the 
State delegation. The wishes of the Presidential candidate are of in¬ 
fluence in the choice of the chairman, who need not be a member of the 
convention. The committee occupies a position of great importance, 
for by it the platform of the party is largely determined. We have 
here a body of men not mentioned by the Constitution, but exerting 
vastly greater influence upon the election of President than does the 
electoral college itself. It organizes the campaign, secures money, 
selects speakers, and sends out party literature. The committee looks 
after the interests of the party during the ensuing four years and issues 
the call for the next National convention. 

Election of Electors. — We are now ready to consider 
the place of the electors in the choice of a President. The 
nominations of candidates for the office of elector are 
usually made at the State conventions of the different par- 


120 


THE NATIONAL GOVERNMENT. 


ties when State tickets are nominated. These occur, ordi¬ 
narily, in August or September preceding the November 
election. Each political party nominates as many electors 
as the State has senators and representatives in Congress. 
The names of the electors are then placed on the general 
party ticket, on which appear also the names of the candi¬ 
dates for President and Vice-President; each person then 
votes' for the entire number of electors to which his State 
is entitled, and will naturally vote for all the electors on 
his party ticket. The political party, therefore, which 
receives the majority of votes in a State secures all the 
electoral votes of that State.^ 

Vacancies in the Offices of Electors. — Congress enacted in 1845 
each State might provide, by law, for the filling of vacancies in the 
electoral college, and that if any State failed to choose electors on the 
regular day, that they might be appointed on a later day in such manner 
as the State might, by law, direct. Nearly all of the State legislatures 
have conferred on the college itself the power of filling vacancies. 

Function of Electors. — The steps prescribed by the 
Constitution must still be followed, although we know, 
long before the electors cast their votes, who the next 
President will be. The actual function of the electors is 
given in Amendment XII, as follows: — 

The electors shall meet in their respective States and vote 
by ballot for President a^id Vice-President, one of whom, at 

^ It has sometimes happened, however, when the election in a State has 
been close, that one or more of the electors on a minority ticket have run 
ahead of the other candidates on that ticket, and have secured a larger num¬ 
ber of votes than candidates on the majority ticket, thus obtaining an election. 
California, in 1892, gave one electoral vote to Mr. Harrison and eight to 
Mr. Cleveland, and again, in 1896, gave eight votes to Mr. McKinley and one 
to Mr. Bryan. Kentucky, in 1896, cast twelve votes for Mr. McKinley and 
one for Mr. Bryan. 


THE EXECUTIVE DEPARTMENT. 


I2I 


leasts shall not be an inhabitant of the same State with 
themselves ; they shall name in their ballots the person voted 
for as President^ and in distinct ballots the person voted for 
as Vice-President; and they shall make distinct lists of all 
persons voted for as President^ and of all persons voted for 
as Vice-President, and of the number of votes for each, ivhich 
lists they shall sign, and certify, and transmit, sealed, to the 
seat of government of the United States, directed to the 
President of the Seriate ; —- the President of the Senate 
shall, in the presence of the Senate and House of Represen¬ 
tatives, open all the certificates, and the votes shall then be 
counted; — the person having the greatest number of votes 
for President shall be the President, if such number be a 
majority of the whole number of electors appointed; and if 
no person have such majority, then, from the persons having 
the highest numbers, not exceeding three, on the list of those 
voted for as President, the House of Representatives shall 
choose immediately, by ballot, the President. But in choosing 
the President, the votes shall be taken by States, the repre¬ 
sentation from each State having one vote; a quorum for 
this purpose shall consist of a member or members from two 
thirds of the States, and a majority of the States shall be 
necessary to a choice. And if the House of Representatives 
shall not choose a President, whenever the right to choose 
shall devolve upon them, before the fourth day of March next 
follozving, then the Vice-President shall act as President, as 
in the case of the death or other constitutional disability of 
the President. — The person having the greatest number of 
votes as Vice-President shall be the Vice-President, if such 
number be a majority of the whole number of Electors ap¬ 
pointed; and if no person have a majority, then, from the 


122 


THE NATIONAL GOVERNMENT. 


tivo highest numbers on the list, the Senate shall choose the 
Vice-President; a quorum for the purpose shall consist of 
two-thirds of the whole ^lumber of senators^ and a majority 
of the whole immber shall be necessary to a choice. But no 
person constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United 
States. 

Voting of the Electors. — The formal election of Presi¬ 
dent takes place on the second Monday in January, when 
the electors meet at their various State capitals and cast 
their votes. Separate ballots are given for Vice-President. 
Three separate sealed lists of the results are then prepared. 
Two of these are sent to the President of the Senate, one by 
mail and the other by special messenger. The third is de¬ 
posited with the United States District Judge of the district 
in which the electors meet. On the second Wednesday in 
February the votes are opened by the President of the 
Senate, in the presence of the Senate and the House of 
Representatives, and counted. That person having a ma¬ 
jority of the electoral votes cast for President is declared 
to be duly elected. The one who has a majority of the 
electoral votes cast for Vice-President is also elected to 
that office. 

Election of President by the House of Representatives. —In case no 
Presidential candidate receives a majority of the electoral votes, the 
election goes to the House of Representatives, as is provided in the 
amendment we are considering. Here the three candidates having 
the highest number of votes are alone considered. The voting is by 
States. In 1825 John Quincy Adams was elected President in this 
way. He had fewer popular and fewer electoral votes than Andrew 
Jackson, but he received the votes of thirteen out of twenty-four States 
in the House 


THE EXECUTIVE DEPARTMENT. 


123 


Choice of Vice-President by the Senate.—The Senate is called on 
to select the Vice-President in case no candidate has received a major¬ 
ity of the electoral votes. The two candidates having the highest num¬ 
ber of votes are considered. The only instance of the election of a 
Vice-President m this way occurred in 1837. 

Disputed Returns, Election of 1876. — Disputes have arisen, from 
time to time, over some of the returns of the electoral votes. The most 
notable contest was that over the returns from Florida, Louisiana, 
South Carolina, and Oregon, in 1877. If the twenty-one electoral 
votes from these States should be counted for the Republican candidates, 
they would be elected. Should just one of those votes be given to the 
Democratic nominees, the Republicans would lose the election. Now 
the Senate at this time was Republican, and the House Democratic, 
and therefore no satisfactory adjustment could be reached, because of 
party prejudices. The excitement throughout the country was finally 
relieved by the agreement on the part of both houses to refer the 
decision to an Electoral Commission.” 

This Commission consisted of five Judges of the Supreme Court, five 
Representatives, and five Senators. After examining the returns, the 
commission decided, March 2, 1877, by a vote of eight to seven, that 
Hayes and Wheeler, the Republican candidates, had received the 
twenty-one votes in dispute, thus giving them one hundred and eighty- 
five electoral votes, and that Tilden and Hendricks, the Democratic 
candidates, had received one hundred and eighty-four electoral votes. 

In consequence of the grave problem which arose in 1877, Congress 
passed an act Febmary 3, 1887, which provides that any contest in the 
choice of electors in a State must be decided by the State authorities 
under the laws of the State. 

The Original Method of choosing the President. — Because Presi¬ 
dents Washington, Adams, and Jefferson for his first term, were chosen 
by the plan given in the original clause, let us notice, briefly, the method 
used at that time, and especially the reasons for the change to the 
present plan. 

Section i. Clause 2. The Electors shall 7neet in their respective States, 
and vote by ballot for two perso7is, 07ie of who77i, at least, shall 7iot be a7i 
i 7 ihabita 7 it of the sa 77 ie State with the77iselves. And they shall 77take a list 
of all the perso7is voted for, a7id of the 7in77iber of votes for each ; which 
list they sign and certify, a7id tra7iS77tit, sealed, to the seat of the gover7i‘ 


124 


THE NATIONAL GOVERNMENT. 


mcni of the United States, directed to the President of the Senate. Tht 
President of the Senate shall, in the presence of the Senate and House 
of Representatives, open all the certificates, and the votes shall then be 
coimted. The person then having the greatest number of votes shall be 
President, if such number be a majority of the whole 7iumher of 
Electors appointed; and if there be more than one who have such a 
7 najority, a7id have a7i equal 7iU77iber of votes, the7i the House of Rep¬ 
resentatives shall i77i77iediately choose, by ballot, 07ie of the7n for Presi- 
de7it; and if 710 perso7i have a 77iajority, the7i, fro77i the five highest on 
the list, the said House shall, m like 77ia7iner, choose the Preside7it. Bjit 
in choosmg the Preside7it, the votes shall be take7i by States, the repre- 
sentatio7i fro77i each State havi7ig 07ie vote; a quoru77i for this furfose 
shall co7isist of a 77ie77iber or 77ie77ibers fro77i two-thirds of the States, a7td 
a 77iajority of all the States be 7iecessary to a choice, hi every case, 
after the choice of the President, the perso7i havbig the greatest 7iu77iber 
of votes of the Electors shall be the Vice-President. But if there shoidd 
reinain two or 7nore who have equal votes, the Se7iate shall choose from 
the77i, by ballot, the Vice-Presideiit. 

According to this clause, we note that the electors voted for two 
persons without stating which was to be President and which Vice- 
President. In the official count, the candidate receiving the highest 
number of votes, provided it was a majority of the whole number of 
the electoral votes, became President, and the one receiving the next 
highest became Vice-President. 

Election of 1796. — In the election of 1796, John Adams, who 
received the highest number, seventy-one, out of one hundred and 
thirty-two electoral votes, was elected President. Thomas Jefferson, 
his opponent, became Vice-President, having received sixty-eight votes, 
or the next highest number. Thus there were elected a President of 
one party and a Vice-President of the opposing party. 

Election of 1800. — The election of 1800 also showed the plan to be 
impracticable. At this time, the Democratic-Republican party was 
determined to have Mr. Jefferson for President and Aaron Burr for 
Vice-President. They both received seventy-three votes, a majority of 
all the votes. But since the number was equal, it devolved upon the 
House of Representatives to determine whether Jefferson or Burr should 
be President. For seven days the house was in continuous session, 
and civil war threatened. On the thirty-sixth ballot, however, Jefferson 
received the votes of ten States out of sixteen, and was elected. 


THE EXECUTIVE DEPARTMENT. 


125 


In order to prevent a recurrence of the conditions which obtained in 
1796, or of the dangers incident to a contest like that of 1800, the 
twelfth Amendment was proposed by Congress, and, after ratification, 
was declared in force September 25, 1804. This provides, as we have 
seen, that the electoral votes must be cast separately for President and 
Vice-President. 

The Presidential Term. — Shall the President hold office for a term 
of three years, of seven years, or during good behavior ? These were 
questions of great interest in the Constitutional Convention. A term of 
seven years with no reelection was agreed upon, but toward the end of 
the Convention the clause as given was adopted. 

Reelection of a President. — The Constitution does not limit the 
number of terms for which a President may be chosen, but the third 
term tradition ” has now made it practically impossible for the same 
man to be elected for more than two terms. This custom was inaugu¬ 
rated by the refusal of President Washington to accept a third term. 
President Jefferson was also urged to stand for a third term, but he, too, 
preferred to retire to private life as Washington had done. The 
adherents of General Grant strove to break down this precedent in 1880, 
but their defeat seems to have established the tradition more firmly as 
a rule. 

A Longer Term. — It is frequently urged that the Constitution should 
be amended in such a manner as to provide for a term of six 
or seven years for the President, with no reelection. Among the 
reasons for this change are the following: (i) a new President has 
most of his time, for months, at the beginning of his term, consumed 
in hearing the claims of applicants for office, and in making appoint¬ 
ments ; (2) there is danger that he may be influenced in his official 
actions through desire to secure a second term; (3) the commercial 
depression that usually exists during a campaign would thus come less 
frequently. These arguments may be used in opposition to such a 
change : (i) ^^se of an inefficient President, the short term is to 

be preferred; (2) the Presidential campaign is of value, in that the 
attention of Americans generally is for a time fixed on the problems 
connected with the conduct of our government. It furnishes the op¬ 
portunity for imparting to our citizens many lessons in their political, 
education. 


126 


THE NATIONAL GOVERNMENT. 


Qualifications for President and Vice-President. — The 
qualifications for President and Vice-President are natu¬ 
rally the same, and are as follows: — 

Section i, Clause 4. No person, except a natural-born citi- 
ze 7 i, or a citizen of the Uiiited States at the time of the 
adoption of this Constitutiofi, shall be eligible to the office of 
President; neither shall any persofi be eligible to that office 
who shall not have attained to the age of thirty-five years, 
and been fourteen years a resident within the United States. 

Vacancies. — The chief reason for creating the office of 
Vice-President Seems to have been to provide for the 
emergency of a vacancy in the Presidency. 

Section i, Clause 5. hi case of the removal of the Pi'esi- 
dent from office or of his death, resignation, or inability to 
discharge the powers and duties of the said office, the same 
shall devolve on the Vice-President, and the Congress may, 
by law, provide for the case of removal, death, resignation, 
or inability both of the President and Vice-Pi'esident, de¬ 
claring what officer shall then act as Pi'esident, and such 
officer shall act accordingly, until the disability be re^noved, 
or a President shall be elected. 

Presidential Succession.—In 1886, Congress provided 
that in case of the death, resignation, or disability ^ of both 
President and Vice-President, the succession should be in 
the following order: Secretary of State, Secretary of the 

1 What constitutes disability has not been settled. President Garfield per¬ 
formed only the single executive act of signing an extradition paper, from 
July 2 to September 19, 1881. The fact of his inability to discharge the 
duties of President was not formally established. Nor was there declared 
disability in the case of President McKinley, between September 6 and the 
day of his death, September 14, 1901. 


THE EXECUTIVE DEPARTMENT. 


127 


Treasury, Secretary of War, Attorney-General, Postmaster- 
General, Secretary of the Navy, Secretary of the Interior. 
The Secretary of Agriculture was added in 1889. 

Should a cabinet officer become President, through this 
succession, he would hold the office for the unexpired 
term. 

Salary of the President.—Section i, Clause 6. The Presi¬ 
dent shall, at stated times, receive for his services a compen- 
sation. which shall neither he increased nor diminished 
durmg the period for which he may have been elected, a^id 
he shall not receive ivithin that period any other emoln- 
ment from the U7iited States or any of them. 

In 1873 the salary of the President was changed from 
^25,000 to $50,000 a year. The custom has been estab¬ 
lished that no President shall receive a gift from any 
civil body, such as a city council, a State Legislature, or a 
foreign state. In addition to his salary, the President is 
provided with an ‘‘executive mansion,” the “White House,” 
which is furnished at the expense of the government. The 
Vice-President receives $8000 annually. 

Salaries of Foreign Rulers. — The salary paid our President is 
small when we compare it with the grants made to European rulers. 
In 1901 the English government voted some $4,000,000 for the annual 
use of the royal household. The Czar of Russia receives $6,500,000 
annually, in addition to revenues derived from 1,000,000 square miles 
of crown domains. The President of France receives $231,600 annually. 

Inauguration Day- — One of the most notable of our 
civic festivals occurs on the fourth of March ^ after the 

1 It is frequently urged, with good reason, that this date should be changed 
to a time of year when the weather in Washington would be more favorable. 
An amendment, recently sanctioned by the Senate, provides that the date for 


28 


THE NATIONAL GOVERNMENT. 


Presidential election. Then, thousands of people go to 
Washington to witness the inaugural exercises, by which 
the President and Vice-President are formally invested with 
their offices. The Constitution provides that the President 
shall take the following oath of office before entering on 
his duties: — 

Section i. Clause 7. I do solemnly swear {or affirm) that 
I will faithfully execute the office of President of the United 
States, and will to the best of 7ny ability preserve, protect, 
and defend the Constitution of the United States. 

It has been established, by custom, that the oath shall be 
administered by the Chief Justice of the United States, at 
the east front of the Capitol. After taking the oath, the 
President gives his inaugural address, which outlines the 
policy he purposes to carry out. Immediately after his 
inauguration, unless it be his second term, he calls the 
Senate together, and places before it his nominations for 
members of the cabinet, and for such other important 
offices as he may desire to make. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Which of the Presidents have served two terms? How was their 

election for a second term to be accounted for ? 

2. The method of calling national political conventions. When 

held ? Questions considered. Make a study of the last con¬ 
vention. Cosmop.,2g: 194-200 ; Scribner’s Mag., 27 : 643-656. 

3. Under what conditions was the first platform of a national conven¬ 

tion agreed upon ? Wilson, Division and Reunion, 63. 

4. For the work of the national committee, see Rev. of R’s, 22: 

549-556; 556-563* 

the inauguration shall be the last Thursday of April. The chief objection to 
this change seems to bt the further extension of time between the election 
and the assuming of duties. 


THE EXECUTIVE DEPARTMENT. 


129 

5. The power of the chairman of the National committee is discussed 

in Atl. Mo., 89: 76-81. 

6. What was the probable origin of the system of electing the Presi¬ 

dent by electors ? Harrison, This Country of Ours, 78; Fiske, 
Critical Period of American History, 66, 280-289. 

7. For the methods which have been used in electing a President, 

see N. Am. Rev., 171: 273-280. 

8. Should the President be elected by direct popular vote ? N. Am. 

Rev., 171: 273-280; 281-288; Scribner’s Mag., 27: 643-656. 

9. For some of the problems connected with the electoral colleges in 

the history of elections, see Rev. of R’s, 23 : 66-69. 

10. What is the method used in counting the electoral votes? Edmund 

Alton, Among the Lawmakers, 88-89. 

11. Do you agree with Mr. Bryce that the tendency is to select for 

President men who have not been prominent ? Bryce, Ameri¬ 
can Commonwealth, I, chap. 8. 

12. Was the present President notable before his election ? In what 

ways ? 

13. What were the chief causes for the success of his party ? 

, 14. How many electoral votes were required for election ? He received 
how manj^ ? Did he receive a majority of the popular votes ? 
Election of 1900, Rev. of R’s, 22 ; 673-674 ; 655-658. 

15. How many electors were there from your State ? For whom did 

they vote ? How is this majority in your State to be accounted 
for ? Rev. of R’s, 22: 673-674, 655-658, 664. 

16. Would successful governors make good candidates for President? 

In what particulars do the offices resemble each other ? Would 
you favor making the governor of your State President ? Wil¬ 
son, Congressional Government, 253, 254. 

17. Why was the election of John Quincy Adams of especial interest ? 

What results followed ? Burgess, The Middle Period, 140- 
141 ; Wilson, Division and Reunion, 18. 

18. State the chief points connected with the “disputed election” of 

1876. Wilson, Division and Reunion, 283-286; Johnston, Ameri¬ 
can Politics, 233-237 ; Cent. Mag., 62 : 923-934. 

19. Give the names of the Presidents who have died in office. B> 

whom were they succeeded ? 

20. What was the order of succession to the Presidency before 1886 ? 


K 


130 


THE NATIONAL GOVERNMENT. 


Why was the change made? James and Sanford, Government 
in State and Nation, 266. 

21. What is a “minority” President? Government in State and 

Nation, 264. 

22. An interesting account of the White House, Outlook, 70: 287- 

299. 

23. Inauguration events of 1901, Rev. of R’s, 23 : 405, 406 ; Out¬ 

look, 67: 555, 556. 

24. Incidents of Presidential inaugurations. World’s Work, i; 477- 

479 - 

25. For other questions and references on the chapter, see Govern¬ 

ment in State and Nation, 255-257, 269, 270. 


CHAPTER XIV. 


POWERS AND DUTIES OF THE PRESIDENT. 

Military Powers of the President. — An eminent histo¬ 
rian/ writing recently of the power exercised by President 
Lincoln in time of war, said, It is an interesting fact, 
that the ruler of a republic which sprang from a resistance 
to the English king and Parliament should exercise more 
arbitrary power than any Englishman since Oliver Crom¬ 
well, and that many of his acts should be worthy of a 
Tudor.” 

President Lincoln, it is true, exercised powers which, 
if attempted by a weaker man, or at another time, might 
have proved dangerous to the liberties of the people.^ This 
he did through his interpretation of Clause i. Section 2. 

The President shall be commander-in-chief of the army 
and navy of the United States, and of the militia of the 
several States when called into the actual service of the 
United States ; he may require the opinion, in writing, of 
the principal officer in each of the executive departments, 
upon any subject relating to the duties of their respective 
offices, and he shall have power to grant reprieves and par- 
dons for offences against the United States, except in cases 
of impeachment. 

1 James Ford Rhodes, Scribner’s Magazine, February, 1903. 

2 For the suspension of the privilege of the writ of habeas corpus, see p. ill. 

131 


132 


THE NATIONAL GOVERNMENT. 


Reprieves and Pardons. — The ordinary powers of the 
President are also important.^ One of the greatest is the 
power to grant reprieves and pardons. A reprieve is the 
temporary suspension of the execution of a sentence. By 
means of a reprieve, the President may gain time to look 
into the evidence more carefully. Complete release 
from a sentence is secured by a pardon.^ 

Treaty-making Power. — Section 2, Clause 2. He shall 
have power^ by and with the advice and conse^tt of the 
Senate, to make treaties, provided two-thirds of the senators 
present concur. 

While the power to conclude treaties seems to be without 
restriction, it is implied that no treaty shall in any way 
interfere with the authority of the Constitution. The 
usual steps in the negotiation of treaties are as follows: 
(i) In time of peace they are conducted at the capital 
of the nation that begins the negotiation. If this is in 
Washington, the terms are considered by the Secretary of 
State and the minister of the other nation; if in a foreign 
capital, our minister acts under instructions sent him by 
the Secretary of State. At times, one or more special 
ministers are sent abroad for the purpose of negotiating a 
treaty. (2) In time of war, the minister of the nation with 
which we are at war leaves the United States. The 
interests of his nation are then intrusted to the minister of 
some neutral power, and through this minister negotiations 

1 For the power of the President over legislation by means of the veto, 
see pp. 80-81. 

2 President Harrison was called upon to consider 779 requests for pardon. 
Of these, 527 were granted, wholly or partially. President Cleveland acted 
on 907 such cases, and granted 506, in whole or in part. 


POWERS AND DUTIES OF THE PRESIDENT. 133 


for peace are usually begun. (3) The treaty of peace at 
the close of a war is generally negotiated in some neutral 
country by special commissioners appointed by the nations 
at war. 

In all cases, the President exercises general control 
over the negotiation and framing of treaties. After an 
agreement has been reached, the treaty is sent to the 
Senate. It is discussed in executive or secret session. 
This means that the treaty and all matters pertaining to it 
are kept secret until, by a resolution, the Senate allows the 
discussion to be made public. The-Senate may approve, re¬ 
ject, or modify the terms. If amendments are made, they 
must be agreed to by the President and by the other nation 
interested. When a treaty has been finally approved by the 
officials of both countries, duplicate copies of it are made 
on parchment. Both of these copies are signed by the 
chief officers of each country, and the copies are then 
exchanged. This is called the “ exchange of ratification.” 
An official copy of the treaty is thus secured by each 
nation. The President then publishes the treaty accom¬ 
panied by a proclamation, in which it is declared to be a 
part of the law of the land. 

If the terms of a treaty call for the payment of money by the 
United States, the necessary amount can be appropriated only by an 
Act of Congress. The House of Representatives may refuse to give its 
sanction to such an appropriation, and may thus prevent the treaty 
going into effect. 

Power of Appointment. —When it is considered that the 
President has the nominal power of appointing over 200,000 
persons to office, we can readily see that this comprises 
one of his chief powers. His right to select office-holders 


134 


THE NATIONAL GOVERNMENT. 


is granted in Section 2, Clause 2. He shall nominate^ 
and by and with the advice a7id conse^it of the Senate^ 
shall appomt Ambassadors^ other public muiisters atid 
Co 7 ts 7 ils, Judges of the Stiprenie Court, and all other officers 
of the Hiited States, whose appointments are 7iot hetrtn 
otherwise provided for, and which shall be established by 
law ; but the Congress may by laiv vest the appointment of 
such inferior officers, as they think proper, in the President 
alone, in the courts of law, or in the heads of departments. 

Vacancies. — Section 2, Clause 3. The President shall 
have power to fill up all vacancies that may happen 
during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Presidential Appointments. — It would be quite impos¬ 
sible for the President, personally, to oversee all of these 
appointments, and so a large percentage of them is made 
by officials in the different departments. There are, 
besides the ambassadors, consuls, and judges of the 
Supreme Court, some 7000 so-called Presidential officers, 
whose appointments must receive the sanction of the 
Senate. More than one-half of these are postmasters of 
the first class.^ Among the most important of these 
officers are the Cabinet, interstate commerce commis¬ 
sioners, district attorneys, and all military and naval 
officers whose appointment is not otherwise ordered by 
law. 

Official Patronage. — In making his appointments, the President is 
largely dependent upon the advice of the head of that department un¬ 
der whose direction the officer will come, or upon the recommendation 
of the representatives and senators of his party from the State in which 

1 Those who receive an annual salary of ^1000 and above. 


POWERS AND DUTIES OF THE PRESIDENT. 135 

the office is located. This official patronage, throiigli which political 
assistants in a State may be rewarded with a Federal office, has become 
so burdensome that many Congressmen complain of it and desire to be 
freed from its exactions. 

Senatorial Courtesy. — There has grown up an almost invariable 
custom, known as senatorial courtesy. This demands that if the office 
to be filled ;s located in a State, the appointment be not confirmed un¬ 
less it receives the sanction of one or both of the senators of the State 
concerned, provided they are members of the same political party as 
the President. 

Action of the Senate on Nominations. — All of the nominations sent 
by the President to the Senate are submitted to appropriate commit¬ 
tees, as, postmasters to the Post Office Committee, ambassadors to the 
Committee on P'oreign Affairs. The report of the committee is con¬ 
sidered in secret session, and the nomination is then voted on. If the 
vote is adverse, the President must make another nomination. 

The Spoils System. — During the first forty years of our 
government there were only seventy-four removals from 
office. The opinion was general that there were a large 
number of strictly non-political offices in the departments 
and elsewhere, the holders of which should be regarded as 
agents or clerks whose duty it was to assist in carrying 
on the business of government. Therefore the best results 
could be secured, it was believed, only as these positions 
should be filled by persons the most competent, who might 
hope to retain the office so long as they gave efficient ser¬ 
vice. But with the coming in of President Jackson the 
“spoils system” was introduced. This system, in prac¬ 
tice, provides that political workers belonging to a victorious 
party may, as far as possible, receive reward for their ser¬ 
vices in the shape of some office. “To the victors belong 
the spoils of the enemy ” is the familiar motto of those 
who have advocated this system. During the first year of 


3^ 


THE NATIONAL GOVERNMENT. 


President Jackson’s administration 2000 ofificials were de¬ 
prived of their offices, and friends of the administration 
were put in their positions. From that time there has 
been great pressure on every new President similarly to 
reward his followers. 

Civil Service Reform. — While the evils had been pointed 
out at various times, little was done to remedy the spoils 
system until Congress, in 1883, passed the Civil Service 
Law, known as the Pendleton Bill. It provides for a Civil 
Service Commission of three members, not more than two 
of whom may belong to the same political party. This 
commission gives competitive examinations, which are re¬ 
quired for testing the fitness of applicants for certain posi¬ 
tions in the public service. The number of offices originally 
included under the act was about 14,000. The President 
is given the power to direct the further extension of the 
“ classified service,” that is, those positions that are to be 
filled by persons who have passed the best examinations. 
In 1902 there were over 120,000 classified offices.^ While 
much has been accomplished, during the past twenty years, 
toward reforming civil service appointments, it is to be 
hoped that a large number of the unclassified offices 
will, at an early date, be placed on the list to be filled 
only after examination.^ The National government may 

1 Nineteenth Report of the United States Civil Service Commission, 1901- 
1902, p. 22. 

2 In 1902 there were 116,000 offices unclassified or excepted, some 72,000 
of which were fourth-class post offices. During the year 1901-1902, the 
civil service rules providing for competitive examinations were extended by 
order of the President or by Act of Congress so as to include the rural free 
delivery service, employees of the permanent census bureau, and additional 
employees made necessary because of the war with Spain. 


POWERS AND DUTIES OF THE PRESIDENT. 137 


thus further assist in the movement for like reforms already 
so well begun in some of our States and cities. 

Duties of the President. — Section 3. He shall^ front 
time to time, give to the Congress information of the state 
of the Union, and recommend to their consideration such 
measures as he shall judge tiecessary and expedient; he may, 
on extraordmary occasions, convene both houses, or either 
of them, and in case of disagreement between them, with 
respect to the time of adjournment, he may adjourn them to 
such time as he shall think proper ; he shall receive Ambas¬ 
sadors a 7 id other public ministet's ; he shall take care that 
the laws be faithfully executed, aiid shall commission all 
the officers of the United States. 

Presidential Messages. — By means of the annual mes¬ 
sage sent to Congress at the opening of the session, and 
special messages on particular occasions, the President is 
enabled to call attention to the legislative needs of the 
country. The plan of having a message read in each 
House by the clerk or secretary was introduced by Presi¬ 
dent Jefferson. Presidents Washington and Adams ad¬ 
dressed, in person. Congress assembled in joint session. 
Various reasons have been alleged for this change. Presi¬ 
dent Jefferson was a poor speaker, and it is said that he 
regarded the formal address as monarchical. 

Enforcement of the Laws.—The most important duty 
of the President is to see that all laws passed by Congress 
are faithfully executed. Laws are useless unless they are 
enforced, and it is chiefly for the performance of this task 
that the Executive was originally created. It is not con- 


138 


THE NATIONAL GOVERNMENT. 


templated that this duty shall be performed by him in 
person, but through officials who are directly responsible 
to him. The United -States marshals and their deputies 
exercise a wide influence in seeing that the laws are en¬ 
forced. They usually act under an order from a United 
States court, but may, at times, act without such a writ. 
If necessary, the President may send the army and navy 
of the United States or call out the militia of the States to 
overcome any resistance to federal law. 

Each State possesses the power of enforcing its own laws and is of 
right protected in the exercise of this prerogative. In case of an insur¬ 
rection, however, the State militia is sent by order of the Governor to 
suppress it. Should they fail to restore order, the Legislature, or the 
executive (when the Legislature cannot be convened), applies to the 
President for military aid.^ If the uprising has interfered in any way 
with the carrying out of the laws of the nation, the President may, at 
his discretion, send troops to suppress it without having been asked to 
do so by the Legislature or the Governor. There was a notable illus¬ 
tration of this point during the time of the Chicago riots, in July, 1894. 

President Cleveland vs. The Governor of Illinois. — In addition to 
destroying property belonging to the railways centering in Chicago, the 
striking employees prevented the free movement of the trains. Mr. 
Altgeld, then Governor of Illinois, did not provide against these abuses, 
and President Cleveland ordered the United States troops under General 
Miles to suppress the rioting. The President, who was severely criti¬ 
cised by Mr. Altgeld, justified his sending the troops on the following 
grounds: (i) that the processes of the federal courts could not be 
executed; (2) that the transportation of the United States mails was 
obstructed; and (3) that the laws on interstate commerce were not 
enforced. 

The United States Supreme Court took the same position as Presi- 

^ Article IV, Section 4. The United States shall guarantee to every State 
in this Union a republican form of government, and shall protect each of them 
against invasioji; and on application of the legislature, or the execzitive \wheit 
the legislature camiot be C07ivened), against domestic violence. 


POWERS AND DUTIES OF THE PRESIDENT. 139 


dent Cleveland in a case which grew out of these riots. Mr. Justice 
Brewer, in delivering the opinion of the court, said: ‘‘We hold that the 
government of the United States is one having jurisdiction over every 
foot of soil within its territory and acting directly upon each citizen; 
that while it is a government of enumerated powers, it has within the 
limits of those powers all the attributes of sovereignty ; that to it is com¬ 
mitted power over interstate commerce and the transmission of the 
mails, and that these powers have been assumed and put into practical 
exercise by the legislation of Congress.” 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What have been some of the most important treaties entered into 

on the part of the United States? 

2. For the treaty made at the close of the Spanish-American War, 

see Rev. of R’s, 18: 258, 371, 515, 631; 19 : ii, 261, 262, 266, 267. 

3. In what ways may a treaty be abrogated ? Harrison, This Country 

of Ours, 140, 141, 

4. May a President have many of the privileges of private life ? 

Harrison, This Country of Ours, 177-180. 

5. What are some of the official cares of the President? Harrison, 

This Country of Ours, 162-177. 

6. The Overworked President, McClure’s Mag., 28: 483-492; Rev. of 

R’s, 25: 464-466. 

7. Secure a copy of the last report of the Civil Service Commission, 

and also Manual of Examinations for the Classified Service of 
the United States, and look up the following: — 

a. How many persons are included in the civil service of the 

United States? 

b. What proportion of them is included in the classified 

service ? 

r. Does the law of 1883 seem to have brought about satis¬ 
factory results ? 

d. What offices have been included in the extensions of the 

Civil Service Law? 

e. What is the nature of the questions asked in the exami¬ 

nations ? 

8 . The Fifteenth Annual Report of the Commission (pp. 443-485) 

contains an account of the appointments and removals by 


140 


THE NATIONAL GOVERNMENT. 


the various Presidents from 1789 to 1883. Also an account 
of the growth of civil service reform in the States and cities 
of the United States, pp. 489-502. 

9. May a man be fitted for political preferment and not be competent 
to pass an adequate examination ? 

10. For other articles on civil service reform, see (a) The Civil Ser¬ 

vice and the Merit System, Forum, 27 :705-712. (/v) Some 

Popular Objections to Civil Service Reform, Atl. Mo., 65 : 433- 
444; 671-678. (<r) Roosevelt, An Object Lesson in Civil Ser¬ 
vice Reform, Atl. Mo., 67; 252-257. ((/) George William Curtis 

and Civil Service Reform, Atl. Mo., 75: 15-24. (<?) Rice, Im¬ 

provement of the Civil Service, N. Am. Rev., 161:601-611. 
(/) Roosevelt, Present Status of Civil Service Reform, Atl. 
Mo., 75: 239-246. (^) Roosevelt, Six Years of Civil Service 

Reform, Scribner’s Mag., 18:238-247. (/^) The purpose of 

Civil Service Reform, Forum, 30 : 608-619. 

11. What was the Tenure of Office Act of 1867? Why did it become 

of great importance? Is it still in force? Wilson, Division 
and Reunion, 267, 270-271, 297; Harrison, This Country of 
Ours, 101-103. 

12. What were the chief points discussed in the President’s last 

annual message ? 


CHAPTER XV. 


THE CABINET. 

Formation of Departments.—The Constitution nowhere 
mentions the President’s Cabinet. It was taken for 
granted, however, that departments similar to those found 
in the Cabinet would be formed. The Constitution declares 
that the President “ may require the opinions in writing of 
the heads of the executive departments,” and again, that 
“ Congress may vest the appointment of certain inferior 
officers in the heads of these departments.” 

In 1789 the first Congress created the Departments of 
State, War, and Treasury, also the office of Attorney- 
General. President Washington’s Cabinet consisted of 
the officials whom he appointed to fill these four positions. 
The Navy Department was added in 1798. While a Post- 
Office Department was established in 1794, the Postmaster- 
General was not made a member of the Cabinet until 1829. 
In 1849, the Interior Department was created by grouping 
under it certain duties which had belonged to other de¬ 
partments. The Department of Agriculture was made a 
Cabinet position in 1889. In 1903 the Department of 
Commerce and Labor was authorized by an act of Con¬ 
gress. Members of the Cabinet receive an annual salary 
of ^8000. 

The President and his Cabinet. — One of the first official 
acts of a President is to send to the Senate, for its 


142 


THE NATIONAL GOVERNMENT. 


approval, the names of the men whom he desires shall 
constitute his Cabinet. This is now a mere formality. 
The President is himself the one most interested in the 
success of his administration and is of right given complete 
freedom in selecting his immediate advisers. While the 
views of the members of the Cabinet usually have weight 
with the President, he is not obliged to take their advice. 
Indeed, in some instances the President has carried out a 
line of action which was against the wishes of the secretary 
of the department affected. 

The Department of State. 

The Secretary of State.—The Secretary of State is 
commonly called the head of the Cabinet. He is first in 
rank at the Cabinet table, and occupies the seat of dignity 
at the right of the President. Under the direction of the 
President he conducts all negotiations relating to the for¬ 
eign affairs of the nation; carries on the correspondence 
with our representatives in other countries ; receives the 
representatives of foreign powers accredited to the United 
States, and presents them to the President. Through him, 
the President communicates with the executives of the 
different States. He has charge of the treaties made with 
foreign powers, and negotiates new ones. He has also in 
his keeping the laws of the United States and the great 
seal which he affixes to all executive proclamations, com¬ 
missions, and other official papers. 

The Diplomatic Bureau. —The United States, in common 
with other nations, sends representatives to the foreign 
capitals. They are the agents through whom the Secre- 


THE CABINET. 


143 


tary of State communicates and negotiates with other 
powers. Such affairs are conducted through the Diplo¬ 
matic Bureau. The United States has now about thirty-five 
ambassadors and ministers. Our representatives at the 
courts of England, France, Germany, Russia, Italy, Aus¬ 
tria, and Mexico are known as ambassadors. The am¬ 
bassadors to the first four countries receive a salary of 
^17,500 each. 

The social demands made upon our Ambassadors are great, and they 
are also obliged to provide for their places of residence. The salaries 
paid are not sufficient to meet these necessary expenses, and are small in 
comparison with those paid by the European nations to officers of the 
same rank. Thus, the English Ambassador at Washington receives a 
salary of $32,500. Besides the English, the German, the Japanese, and 
some other nations have provided houses for their legations. 

The Consular Bureau. —A consul is sent by the United 
States to each of the chief cities in the consular districts 
into which foreign countries are divided by our State 
Department. These consuls, of whom there are three 
grades, Consuls-General, Consuls, and Consular Agents, 
look after the commercial interests of the United States in 
those districts. They make monthly reports on improve¬ 
ments in agricultural and manufacturing processes. These 
reports also give information regarding good markets for 
our products and of the best markets in which to purchase 
foreign products.^ Consuls care for destitute American 
sailors and protect the interests of our citizens in foreign 
countries. In some of the non-Christian nations, such as 

1 Among scores of similar subjects, our consuls reported in 1900 on the fol¬ 
lowing: American goods in Syria ; American commerce with Asia Minor and 
eastern Europe ; German opinion of American locomotives ; American coal 
in Germany ; Europe and American competition. 


144 


THE NATIONAL GOVERNMENT. 


China and Turkey, they also have jurisdiction over all 
criminal cases in which any American citizen may be a 
party. The importance of such services to our country is 
self-evident. The appointment of these 765 officials, to¬ 
gether with their subordinates, is usually secured under 
party pressure. It would have a wholesome influence on 
our rapidly developing commercial interests were these 
positions placed in the classified service.^ 

The Department of the Treasury. 

The Secretary of the Treasury. — The Department of 
the Treasury is the most extensive and complex of the 
executive departments. In general, the Secretary of the 
Treasury has charge of the finances of the nation. He is 
required to prepare plans for the creation and improvement 
of the revenues and the public credit and to superintend 
the collection of the revenue. He gives orders for all 
moneys drawn from the Treasury in accordance with 
appropriations made by Congress, and submits an annual 
report to Congress which contains an estimate of the 
probable receipts and expenditures of the government. 

The Auditors. — It is very important that the accounts of the govern¬ 
ment should be carefully scrutinized, and one of the six auditors con¬ 
nected with the Treasury Department must pass upon the accounts of 
every public officer who pays out money. Thus, the Auditor for the 
Treasury Department examines all accounts of salaries and incidental 
expenses of the office of the Secretary of the Treasury and all other 
offices under his immediate direction, such as the Treasurer and Directors 
of the Mints. 

The Treasurer. —All the money of the United States is under the 
care of the Treasurer. He receives and pays it out upon the warrant of 

^ See report Civil Service Commission, 1901-1902, p. 32. 


THE CABINET. 


145 


the Secretary of the Treasury or a designated assistant, redeems the 
notes of the National banks, and manages the Independent Treasury 
System. This system renders the Treasury Department practically 
independent of the banks of the country. It includes the Treasury at 
Washington and sub-treasuries, each in charge of an assistant treas¬ 
urer at Boston, New York, Philadelphia, Baltimore, Cincinnati, Chi¬ 
cago, St. Louis, New Orleans, and San Francisco. While the greater 
part of the money belonging to the government is found in these places, 
about two hundred National banks have also been designated as public 
depositories. 

The Chief of the Bureau of Engraving and Printing. — The Bureau ^ 
of Engraving and Printing is one of the largest in the department and 
employs about 1600 people. It has been said that the products of this 
bureau, in the course of a single year, represent a sum equal in value to 
all the money in circulation in the United States ; for here the engraving 
of the plates and the printing of all the United States circulating notes, 
bonds, revenue stamps, and postage stamps are done. 

Other Officers of the Treasury Department. —Among the 
other leading officials of the Treasury Department are; 
Comptroller of the Currency, Commissioner of Internal 
Revenue, General Superintendent of the Life-saving Ser¬ 
vice, Solicitor of the Treasury, Supervising Surgeon- 
General, and Supervising Architect. 

The Life-saving Service. — This is one of the most important offices 
in the Treasury Department. More than 2000 men are employed in 
the 273 stations, located generally at danger points on the oceans 
and the Great Lakes. Out of the 4337 lives imperiled in the year 1903 
in the disasters on water, only 24 were lost.^ Of the property involved, 
which was valued at $9,051,150, 88 per cent was saved. It has been 
estimated that 225,000 lives have been saved through this service since 
it was founded in 1848. 

The Solicitor of the Treasury. — The Solicitor of the Treasury is 
the law officer of the department, and has charge of all prosecutions 

1 The work of each department is usually distributed among the bureaus. 
Bureaus are again divided into divisions. At the head of each bureau is a 
commissioner, and of each division a chief. 

2 Report of the Secretary of Treasury, 1902-1903. 

L 


146 


THE NATIONAL GOVERNMENT. 


by the government arising out of the counterfeiting of the government 
securities, or of the infringement of customs revenue, and of all suits for 
•the collection of moneys due the United States, except those due under 
the internal revenue laws. 

The Supervising Surgeon-General. — The Supervising Surgeon-Gen¬ 
eral superintends the twenty-two marine hospitals where our sick sailors 
are cared for; conducts the quarantine service of the United States; 
and directs the laboratories for the investigation of the causes of conta¬ 
gious diseases. 


The War Department. 

The Secretary of War. — The Secretary of War, under 
the direction of the President, has charge of the military 
affairs of the government. He supervises all estimates of 
appropriations for the expenses of the department.^ He 
has under his supervision also the military academy at 
West Point, all national cemeteries, and river and harbor 
improvement. The chiefs of the eleven bureaus are regu¬ 
lar army officers. 

The Adjutant-General. — The Adjutant-General issues orders for the 
muster of troops and for their movement, conducts the correspondence 
of the department, and keeps the records. 

The Inspector-General. — The Inspector-General examines and re¬ 
ports on all places where United States troops are stationed; on pub¬ 
lic works carried on by army officers; and on the military academy and 
prisons. 

The Quartermaster-General. —Under direction of the Quartermaster- 
General the army is transported, clothed, and equipped. 

The Chief of Ordnance. — Arms are supplied by the Chief of Ord¬ 
nance. The arms used are manufactured chiefly in the United States 
arsenals. The arsenals at Springfield, Mass., and Rock Island, Ill., 
manufacture rifles and carbines ; and that at West Troy, N.Y., cannon 
and mortars. 

1 The annual appropriation by Congress for the army alone in 1903 
amounted to ^78,138,752. 


THE CABINET. 


147 


The United States Military Academy. — The United States Military 
Academy at West Point was founded in 1802. The corps of cadets is 
made up of one cadet from each of the Congressional districts, one from 
each of the Territories and the District of Columbia, and one hundred 
from the United States at large. Prior to the year 1900 there were only 
ten cadets at large. The act of that year also provided that thirty cadets 
were to be named by the President directly and the remainder appor¬ 
tioned among the States. They all receive their appointments from 
the President, but it has become the custom for the representatives 
and delegates to select (usually after a competitive examination) those 
from the Congressional districts and the Territories. The cadet must 
be between seventeen and twenty-two years of age. Each receives 
$540 a year during the four years of his course. Upon graduation, the 
cadets are commissioned as second lieutenants in the United States 
army. In case there are more graduates than vacancies, those in excess 
are honorably discharged with the payment of one year’s salary. 

The Navy Department. 

The Secretary of the Navy. — The duties of the Secre¬ 
tary of the Navy pertain to the construction, manning, 
arming, equipping, and employment of war-vessels.^ 

The United States Naval Academy. — The naval academy at An¬ 
napolis was established in 1846. One cadet is allowed in the naval 
academy for each member or delegate of the House of Representatives, 
one for the District of Columbia, and ten at large. Candidates for 
admission, at the time of their examination, must be between the ages 
of fifteen and twenty years. The nomination of a candidate to fill a 
vacancy is made upon recommendation of a representative or delegate 
if made before July i ; but if no recommendation be made by that time, 
the Secretary of the Navy fills the vacancy by appointing an actual resi¬ 
dent of the district in which the vacancy exists. The President selects 
the candidates at large and the cadet for the District of Columbia. At 
the conclusion of the six years’ course, two of which are spent at sea, the 

1 The appropriation for this department in 1903 was ^^81,877,291. 


48 


THE NATIONAL GOVERNMENT. 


graduates are assigned in order of merit to the vacancies that may have 
occurred in the lower grades of the line of the navy and of the marine 
corps. Cadets who are not assigned to service after graduation are 
honorably discharged and are given $500, the amount they have re¬ 
ceived each year of their course at the academy. 


The Department of Justice. 

The Attorney-General. — The Attorney-General is the 
legal adviser of the President and of the heads of the 
departments. He supervises the work of all the United 
States district attorneys and marshals, and is assisted by 
the Solicitor-General. Unless otherwise directed, all cases 
before the Supreme Court and the Court of Claims in 
which the United States is a party are argued by the 
Attorney-General and the Solicitor-General. 

The Post Office Department. 

The Postmaster-General. — The Postmaster-General is 
at the head of this -department. He appoints all of the 
officers of the department with the exception of the four 
assistant postmasters-general and postmasters of the first 
class, whose appointments are made by the President with 
the consent of the Senate. The Postmaster-General may, 
with the consent of the President, let contracts and make 
postal treaties with foreign governments. 

The Postal Union. — Since 1891 the United States has been a mem¬ 
ber of the Universal Postal Union. By this union over fifty distinct 
powers became parties to an agreement by which uniform rates of post¬ 
age were agreed upon and every facility for carrying mails in each 
country was extended to all the others. 


THE CABINET. 


149 


The Department of the Interior. 

The Secretary of the Interior. —The Interior Department, 
under the supervision of the Secretary of the Interior, is 
one of the most complex and important of the departments. 
There are two assistant secretaries in the department, 
while at the head of the other offices are six commissioners 
and two directors. 

The Commissioner of the General Land Office.—The Commissioner 
of the General Land Office has charge of all the public lands of the 
government, and supervises the surveys, sales, and issuing of titles to 
this property (see p. 169). 

The Commissioner of Education. — The Commissioner of Educa¬ 
tion is the chief of the Bureau of Education. This bureau has charge 
of the collection of facts and statistics relating to the educational sys¬ 
tems and to progress along educational lines in the several States and 
Territories, and also in foreign countries. The reports issued by the 
bureau are of great value to those interested in education. The com¬ 
missioner has advisory power only, except in Alaska. Here he directs 
the management of the schools. 

The Commissioner of Pensions. — The Commissioner of Pensions 
supervises the examination and adjustment of all claims arising under 
the laws of Congress granting bounty land or pensions on account of 
services in the army or navy during the time of war. That our govern¬ 
ment has not been ungrateful may be gathered from the report of the 
commissioner for 1902. There were in that year 999,446 pensioners, to 
whom were paid approximately $140,000,000, or an amount equal 
to 24 per cent of the total revenues of the government. 

The Commissioner of Indian Affairs. — Prior to 1871 the Indian 
tribes were treated as independent nations by the United States, but by 
a law of that year the general government was made the guardian of 
their interests. The Commissioner of Indian Affairs exercises a pro¬ 
tecting care over these “wards” by directing the work of the Indian 
agents and of the superintendents of Indian schools. 


THE NATIONAL GOVERNMENT. 


150 

There are some 145,283 Indians on the 177 reservations which are 
in the various States and Territories.^ The lands of these reservations 
are held in common ; that is, the ownership is tribal rather than individ¬ 
ual. It is the policy of the government, however, to bring about the 
allotment of lands ‘On severalty,” and thus to encourage the Indians to 
adopt an agricultural life. The Indians are only partially self-supporting. 
Some tribes derive an income from funds which are the proceeds derived 
from the sales and cessions of their lands. The National government 
holds this money in trust for them, and, by direct appropriation, supplies 
the money, food, and clothing necessary to complete their support. 
The appropriation for the Indians in 1903 was $8,512,950. Over one- 
fourth of this sum was spent for their education in Indian schools, num¬ 
bering nearly 300, which are under the direct control of the department. 

The Director of the Geological Survey. — The Director of the Geo¬ 
logical Survey collects much valuable information through the exami¬ 
nation of the geological structure, mineral resources, and mineral 
products of the United States. He has charge, also, of the survey 
of the forest reserves. 

The Department of Agriculture. 

The Secretary of Agriculture. — The duties of the Secre¬ 
tary of Agriculture are, “To acquire and diffuse among 
the people of the United States useful information on sub¬ 
jects connected with agriculture in the most comprehensive 
sense of that word.” The activities of the department are 
along many lines, as indicated by the names of the bureaus 
and divisions. 

Bureau of Animal Industry. — Continuous advancement is beincr 
made by the government toward placing the agricultural pursuits upon 
a more scientific basis. One of its most important services is performed 
in the Bureau of Animal Industry, which inspects the greater part of 

1 Census of 1900. This number does not include the Indians found in the 
Indian Territory. According to this census the total number of Indians then 
in the United States was 331,000. 


THE CABINET. 


151 

the meat products exported to European countries. The law providing 
for this inspection was necessary because of the claim in European 
markets that diseased meats were shipped from the United States. An 
inspection is also provided for live animals intended for exportation and 
for animals imported. Much scientific work is also devoted to a study 
of the various diseases of animals. 

The Division of Seeds.— Over $100,000 are expended each year by 
the Division of Seeds in the purchase of “ rare and valuable ” seeds, 
bulbs, and plants. These are distributed free throughout the country 
for the purpose of fostering the introduction of new and more valuable 
crops. 

Public Road Inquiries. — Another important interest is carried on by 
the Office of Public Road Inquiries. Here experiments are made with 
regard to the best system of road-making and the best materials to be 
used for that purpose. 

Weather Bureau.— Through the Weather Bureau daily forecasts and 
warning of storms are sent to over 50,000 different points, and storm 
signals are displayed at 300 places on our coasts. By its operation, 
millions of dollars are saved each year to the agricultural and maritime 
interests of the country. A recent decree of the Post-Office Department 
renders the reports of the bureau of still greater service. Slips of 
paper having the storm, frost, or other warnings printed on them are 
distributed by the rural mail carriers at the various houses in the dis¬ 
tricts affected. 

The Department of Commerce and Labor. 

Nature of the Department.—Because of the nature of 
the subjects assigned to this new department, it will 
rapidly become one of the most important of the de¬ 
partments. Among the duties of the Secretary of Com¬ 
merce and Labor are to promote the commerce and the 
mining, manufacturing, shipping, fishery, transportation, 
and labor interests of the United States. The President 
is given the power to transfer to the department those 
bureaus in other departments which are engaged in 


52 


THE NATIONAL GOVERNMENT. 


scientific or statistical work, the Interstate Commerce 
Commission and the scientific divisions of the Agricultural 
Department being excepted. The offices which have been 
transferred are as follows: the Bureau of Labor; the 
Bureau of Statistics; Census Bureau and Immigration 
Bureau; Bureau of Standards of Weights and Measures; 
Bureau of Navigation; the Steamboat Inspection Service; 
Bureau of Fisheries; Coast and Geodetic Survey and 
Light-House Board. The Bureau of Corporations was 
created for the department. The Commissioner of Corpo¬ 
rations is expected to investigate the organization, conduct, 
and management of the business of corporations and other 
combinations engaged in interstate or foreign commerce, 
except such carriers as may be subject to the interstate- 
commerce act. 

The Commissioner of Labor. — This official is charged with the duty 
of investigating the relations between labor and capital; the earnings 
of laborers; and the means which may be used to promote their welfare. 
Every other month a bulletin is published which sets forth the condition 
of labor in this and other countries. 

The Chief of the Bureau of Statistics. —The Chief of the Bureau of 
Statistics collects and publishes the annual statistics on commerce. 
These reports are of such a character that they are invaluable to the 
President in the preparation of his messages; and they are used exten¬ 
sively by the heads of departments, members of Congress, and the 
public. Tariff laws, special legislation for particular industries, and all 
international trade treaties are also based on these compilations. The 
greatest demand is for the Annual Statistical Abstract, which presents 
in a condensed form the history of the commerce of the United States 
for a number of preceding years. 

The Commissioner-General of Immigration. — This officer superin¬ 
tends the work of the Commissioners of Immigration who are in charge 
of inspectors at the ports of entrance. Every immigrant must undergo 
a rigid examination in order to ascertain whether he belongs to any of 


THE CABINET 


153 


the prohibited classes.^ Each immigrant must pay a tax of one dollar, 
which sum is used to pay the expenses of the bureau. The work of the 
Census Bureau was described on pages 55-56. 

The Superintendent of the Coast and Geodetic Survey.— This 
officer superintends the survey of the coasts and rivers of the United 
States. He has charge of the publication of charts and sailing direc¬ 
tions which are of inestimable value to mariners. 

The Light-House Board. — The Light-House Board has charge of the 
light-houses, of which 1199 had been established previous to the year 
1899, besides the light vessels and beacons used for the protection of 
navigation. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Does the President select the members of his Cabinet from among 

former members of Congress ? Would this be desirable ? 

2. Have the members of the Cabinet ever been allowed to appear 

before Congress in the interests of their own departments ? 
Would this be desirable ? Walker, The Making of the Nation, 
92; Bryce, American Commonwealth, I, Chapter 9; Atl. Mo., 

65:771-772. 

3. Who are now the heads of the executive departments? Were 

they prominent in National affairs before they were selected for 
these positions? 

4. In 1901 a bill was introduced in the House of Representatives 

which provided for an increase of the annual salary of the Vice- 
President to $25,000, and that of each member of the Cabinet 
to $15,000. What reasons can you give for or against such a 
change ? 

5. What was the history of the State Department prior to 1789 ? 

Harrison, This Country of Ours, 182-187. 

6. Give a list of the Presidents who have been Secretaries of State. 

How do you account for this policy in the first years of our 
government, and not at a later time ? Name some of the other 
prominent Secretaries of State. 

1 In 1903 there were 857,046 immigrants to the United States, and 8769 
were refused admission. Of these there were 5812 paupers ; 1086 contract 
laborers ; 1773 diseased persons. 


THE NATIONAL GOVERNMENT. 


154 

7. Who are our ambassadors ? Can you give the name of any 

foreign ambassadors in Washington ? See Congressional 
Directory. 

8. The methods by which our ministers are selected, take possession 

of their offices, and are presented at foreign courts, are described 
in Curtis, The United States and Foreign Powers, 15-21. 

9. The Duties of Ministers. Curtis, The United States and Foreign 

Powers, 22-26. 

10. Are our ambassadors given adequate salaries ? Curtis, The United 

States and Foreign Powers, 13, 14. 

11. From a consular report learn what the duties of a consul are. 

Curtis, The United States and Foreign Powers, 30-33. 

12. For an account of our consular service, a comparison with that 

of other nations, and a consideration of some of the weaknesses 
in our system, see Curtis, The United States and Foreign Powers, 
28-30. 

13. A Business Man and the Consular Service, Century Mag., 60: 268- 

271. 

14. Abuses in our Consular System arising through Appointment, 

Atl. Mo., 85:455-466, and 669-683. 

15. A Plea for Consular Inspection, Forum, 30: 28-34. 

16. What is the Great Seal of the United States, and what is its use ? 

Harrison, This Country of Ours, 199-200, 

17. What is the -particular work of the Marine Department? of the 

Steamboat Inspection Service? of the Marine Hospital? Lyman 
J. Gage, Organization of the Treasury Department, Cosmopoli¬ 
tan, 25:355-365- 

18. What is the work of the Bureau of Engraving and Printing? 

Spofford, The Government as a Great Publisher, Forum, 19: 

338-349- 

19. What is the extent of our merchant marine? Should it be in¬ 

creased? Statistical Abstract of the United States, 1900, 437- 
450. 

20. From the Appendix to the last Finance Report get the chief points 

connected with the work of the following officials: Treasurer, 
Report, 1898, Appendix, 1-20; Chief of the Secret Service Divi¬ 
sion, 861-867. A good description of the Treasury Department 
is given in Scribner’s Mag., 33: 400-411, 


THE CABINET. 


155 


21. From the last report of the Bureau of Statistics find answers for 

the following: The expenditures of the government in the differ¬ 
ent departments; value of merchandise imported and exported; 
amounts of coin, wheat, cotton, wool, and iron produced, im¬ 
ported, and exported; the chief nationalities of immigrants, 
and comparison of the total number with previous years. 

22. Are our coasts well defended? Harrison, This Country of Ours, 

225. 

23. Describe the work of the President, Secretary of War, Secretary of 

the Navy, and of the other Cabinet officers at the outbreak of 
war, Cosmop. 25 : 255-264. 

24. For illustrated articles on Education at West Point and Annapolis, 

see Outlook, 59 : 839-849, 825-837. 

25. Comparison of our Pension System with that of other Nations, 

Forum, 33: 346-348. 

26. Defects in our Pension System, Forum, 31 : 670-680. 

27. Changing Character of the Immigration to the United States, 

Rev. of R’s, 24: 723, 724. 

28. Why the Chinese should be excluded. Forum, 33 : 53-59. 

29. Why the Chinese should be admitted. Forum, 33: 50-68. 

30. Influence of the Allotment of Land on the Indian, Forum, 34: 

466-480. 

31. Results of the Work of Experiment Stations, Scribner’s Mag., 31; 

643-660. 

32. For accounts of the new Congressional Library, see Century Mag., 

53: 682-694; 694-711; Atl. Mo., 85: 145-158; Cosmop., 23 : 10- 
20. 

33. What is the special value of the work of the Bureau of American 

Republics ? Forum, 30 : 21-27. 

For other questions and references on the topics in this chapter con¬ 
sult Government in State and Nation, 299-302. 


CHAPTER XVI. 


THE NATIONAL JUDICIARY. 

Article III. 

Establishment of an Independent Tribunal. — Alexander 
Hamilton characterized the lack of a judiciary as the 
crowning defect of government under the Confederation. 
If we consider the nature of our present government, 
it is easily seen that some form of independent tri¬ 
bunal is necessary. We have a central government 
exercising complete control over National affairs and for¬ 
eign relations and, at the same time, the State governments 
with equally complete control over questions arising within 
their limits. If differences arise, then, as to the authority 
of National or State government over a given question, 
how are these disputes to be settled peaceably After a 
brief discussion, the problem was answered in the Con¬ 
stitutional Convention by the formation of a federal 
judiciary. 

Organization of the Judiciary. — The organization of the 
judiciary is provided for as follows : Section i. The judi¬ 
cial power of the Ufiited States shall be vested in one Su¬ 
preme Courts and in snch inferior courts as the Congress 
may from time to time ordain and establish. The judges^ 

156 


THE NATIONAL JUDICIARY. 


157 

both of the Supreme and inferior courts, shall hold their 
offices during good behavior, and shall, at stated times, re¬ 
ceive for their services a compensation which shall not be 
diminished during their continuance in office. 

In 1789 Congress provided that the Supreme Court 
should consist of a Chief Justice and five Associates. 
Circuit and District Courts were also established. The 
Supreme Court at present consists of the Chief Justice and 
eight Associate Justices. It holds one session annually, at 
Washington, beginning on the second Monday in October 
and continuing until about May i. 

District Courts. — The territory of the United States has been 
divided into judicial districts, none of them crossing State lines and each 
having a District Court. Indian Territory, New York, and Texas have 
each four districts ; Alabama, Pennsylvania, and Tennessee three each ; 
Arkansas, California, Florida, Georgia, Illinois, Iowa, Kentucky, 
Louisiana, Mississippi, Michigan, Missouri, North Carolina, Ohio, Vir¬ 
ginia, Wisconsin, and West Virginia two each ; and the remaining States 
have each a single district. New Mexico and Oklahoma constitute a dis¬ 
trict, and also Alaska, Arizona, and Hawaii. Generally there is a judge 
for each district, but a single judge is at times assigned to two districts. 

A District Attorney and Marshal are appointed by the President for 
-each District Court. The United States District Attorney is required 
to prosecute all persons accused of the violation of Federal law and to 
appear as defendant in cases brought against the government of the 
United States in his district. The United States Marshals execute the 
warrants or other orders of the United States District and Circuit 
Courts and, in general, perform duties connected with the enforcement 
of the Federal laws which resemble the duties of sheriffs under State 
laws. 

Circuit Courts. — The policy has been to have as many Circuit 
Courts as there are Justices of the Supreme Court. It was not until 
1869 that a Circuit Judge was provided for each of the nine circuits. 
The areas of the circuits were determined by grouping several districts 
together; thus, the seventh circuit includes the districts of Indiana, 
Northern and Southern Illinois, Eastern and Western Winconsin. 


158 


THE NATIONAL GOVERNMENT. 


Circuit Courts may be held by a Judge of the Supreme Court assigned 
to that circuit, by a Circuit Judge, or by the District Judge of the dis¬ 
trict in which the court is held, or by any two of these or by all of them 
sitting together. The law requires that the Justice of the Supreme 
Court shall attend court in each district of his circuit at least once in two 
years. Each of the circuits, the first and the fourth being excepted, has 
now (1903) three Circuit Judges. The increase in the number of cases 
to be tried before the Circuit Courts made the appointment of additional 
Circuit Judges necessary, and by the law of 1891, also, nine Circuit 
Courts of Appeals were established, for each of which an additional Cir¬ 
cuit Judge was provided. The Circuit Courts of Appeals consist of 
three Judges each, any two constituting a quorum. The Judges eligible 
to sit in one of these courts are : the Supreme Court Judge assigned the 
Circuit, the Circuit Judges, and the District Judges of the Circuit. 

The Court of Claims was established in 1855 and consists of a Chief 
Justice and four Associates. It holds an annual session in Washington. 

Terms and Salaries of the Judges. —That the judiciary 
should be independent of parties and of other influences 
cannot be questioned. Hence the wisdom of the provision 
that United States judges shall hold their offices during 
good behavior and shall receive a compensation for their 
services which shall not be diminished during their con¬ 
tinuance in office. Judges of the United States courts are 
appointed by the President with the consent of the Senate. 

By an act of Congress of 1903, the salary of the Chief 
Justice was fixed at ^13,000 per annum ; that of Associate 
Justices, ^12,000; Circuit Judges, ^7500; and District 
Judges, $6000. 

Jurisdiction of the National Courts. — We are next to 
consider the jurisdiction of the several courts that have 
been described. 

Section 2, Clause i. The judicial poiver shall extend to 
all cases, in law and equity, arising under this ConstiUUion, 
the laivs of the United States, and Ueaties made, or zvhich 


THE NATIONAL JUDICIARY. 


159 


shall be made, under their authority ; — to all cases affecting 
Ambassadors, other public ministers and Consuls ; —to all 
cases of admiralty and maritime jurisdiction ; — to co7itro- 
versies to zvhich the U^iited States shall be a party; — to 
controversies between tzvo or more States ; — between a State 
and citizens of another State ; — between citizens of differefit 
States ; — between citizens of the same State claiming lands 
under grants of different States, ajid betzveen a State, or the 
citizens thereof, and foreign states, citizens or subjects. A 
careful consideration of this clause shows the wide extent 
of the powers of the United States courts. It shows also 
the desirability of having all such cases under their juris¬ 
diction rather than under the authority of the State courts. 
Associate Justice Brewer wrote recently, with reference to 
the influence of the decisions of the Supreme Court on the 
history of the country : ^ “ Its decisions have always been 
in harmony with and sustaining the proposition that this 
republic is a nation acting directly upon all its citizens, 
with the attributes and authority of a nation, and not a 
mere league or confederacy of States. The importance of 
this cannot be overestimated, and will be appreciated by 
all who compare the weakness of the old confederacy with 
the strength and vigor of the republic under the present 
Constitution.” 

Suit against a State by a Citizen of Another State. — In the nota¬ 
ble case of Chisholm vs. Georgia in 1793, Chisholm, a citizen of North 
Carolina, began action against the State of Georgia in the Supreme 
Court of the United States. That court interpreted the clause as apply¬ 
ing to cases in which a State is defendant, as well as to those in which 
it is plaintiff. The decision was received with disfavor by the States, 

1 “The Supreme Court of the United States,” Scribner^ s Magazine, Vol. 33> 
275, 276. 


6 o 


THE NATIONAL GOVERNMENT. 


and Congress proposed the Xlth Amendment to the Constitution, 
which was ratified in 1798 and is as follows : — 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity^ commenced or prosecuted against 
one of the United States, by citizens of another State, or by citizens or 
subjects of any foreign state. 

Original and Appellate Jurisdiction. — Clause 2. In all 
cases affecting Ambassadors, other publicministers and Con- 
sids, and those in which a State shall be party, the Supreme 
Court shall have original jurisdiction. In all the other cases 
before mentioned, the Supreme Court shall have appellate 
jurisdiction, both as to law and fact, with such exceptions, 
and under such regulations as the Congress shall make. 

The Supreme Court has original jurisdiction in “all 
cases affecting Ambassadors, other public ministers, and 
Consuls, and those in which a State shall be a party.” 
Original jurisdiction means that these cases may be begun 
in the Supreme Court. Other cases are brought to the 
Supreme Court from the inferior United States courts or 
from the supreme courts of the States and Territories by 
appeal. In such cases the Supreme Court is said to have 
appellate jurisdiction. 

Jurisdiction of the Inferior Courts. — It is difficult in 
brief space to define minutely the province of each court. 
The following accounts, therefore, give only a general 
description : — 

The Circuit Courts of Appeals are given final jurisdiction in certain 
cases appealed to them from the District and from the Circuit Courts, 
such as those arising under the patent, revenue, and criminal laws, as 
well as admiralty and other cases in which the opposing parties to a 
suit are an alien and a citizen, or are citizens of different States. The 
Supreme Court has thus been partially relieved from an overcrowded 


THE NATIONAL JUDICIARY. 


i6r 


docket. But jurisdiction in these cases may be assumed by the Supreme 
Court if it desires to do so. 

The Circuit Courts have original jurisdiction in patent and copyright 
cases, and in cases brought by the United States against National 
banks, and they have exclusive jurisdiction in capital cases. ‘‘Jurisdic¬ 
tion of the District Courts embraces chiefly criminal cases, admiralty 
cases, bankruptcy proceedings, suits for penalties, and the like.” 

The Court of Claims “ shall hear and determine all claims founded 
upon any law of Congress, or upon any regulation of an executive de¬ 
partment, or upon any contract, express or implied, with the govern¬ 
ment of the United States, which may be suggested to it by a petition 
filed therein; and also all claims which may be referred to said Court 
by either House of Congress.” ^ 

Trial by Jury.—The right of trial by jury in all criminal 
cases had been insisted upon by Englishmen for centuries 
prior to the formation of our Constitution. There were 
two branches to the system, the grand and the petit juries. 
Each performed the same duties as they do now. The 
Constitution provides in Section 2, Clause i, that 

The trial of all crimes^ except in cases of impeachment^ 
shall be by jnry^ and such trial shall be held m the State 
where the said crime shall have been committed; btit 
when not committed within any State^ the trial shall be 
at such place or places as the Congress may by law have 
directed. 

This clause was attacked by the opponents of the Con¬ 
stitution in the State conventions. It was believed that 
the Constitution did not furnish adequate safeguards against 
unjust prosecutions. Because of this agitation, Congress, 
in its first session, proposed Amendments V, VI, VII, and 
VIII, which were duly ratified by the several States, 

Amendment V. No person shall be held to answer for 

1 10 Statutes at Large, 612. 

M 


i62 the national government. 

a capital^ or otherwise infanions crime^ unless on a present' 
ment or indictment of a gravid jury^ etc} 

Authorities have had difficulty in giving an exact defini¬ 
tion of an infamous crime. That given by Judge Cooley 
is the most satisfactory. He says : “ But the punishment 
of the penitentiary must always be deemed infamous, and 
so must any punishment that involves the loss of civil or 
political privileges.” 

The Grand Jury. — A grand jury consists of from twelve 
to twenty-three men. They sit in secret, and no accusation 
can be made by them without the concurrence of at least 
twelve. An indictment is a written accusation of an offense 
drawn up by a prosecuting officer on behalf of the govern¬ 
ment and laid before the grand jury. “A presentment is 
an accusation by a grand jury of an offense upon their 
own observation and knowledge, or upon evidence before 
them, and without any bill of indictment laid before them 
at the suit of government.” ^ In th^ case of a presentment, 
the party accused cannot be held to trial until he has been 
indicted. After hearing the evidence, if the grand jury 
concludes that the accusation is not true, they write on 
the back of the bill, “ Not a true bill ” or “ Not found.” 
The accused, if held in custody, is then given his freedom, 
but he may be again indicted by another grand jury. If 
the grand jury decides that the accusation is true, they then 
write on the back of the bill, “A true bill” or Found.” 
The indicted person must be held to answer the charges 
made against him. 

1 See Appendix A. 

5 * Story, “Commentaries on the Constitution,” § 1784. 


THE NATIONAL JUDICIARY. 163 

Rights of the Accused. —Amendment VI. In all crimi¬ 
nal prosecutionsy the accused shall enjoy the right to a speedy 
and public trials by an impartialjury of the State and district 
wherem the crime shall have been committed^ etc. (see Ap¬ 
pendix A ). 

Amendment VII. In suits at common lazv, where the 
value hi controversy shall exceed twenty dollars^ the right of 
trial by jury shall be preserved^ and no fact tried by a jury 
shall be otherwise reexamined in any court of the United 
States^ than according to the rules of the common law. 

The accused must be given a public and speedy trial 
before an impartial jury, known as the petit jury, consist¬ 
ing of twelve men from the district wherein the crime was 
committed. The decision must be unanimous before a 
verdict can be rendered. The accused is given a copy of 
the indictment in which the nature of the accusation is 
clearly set forth and is granted time in which to prepare 
for his defense. Equally just and significant are the 
provisions that he shall be confronted by the witnesses 
against him, may compel the attendance of witnesses in 
his favor, and may employ counsel for his defense. In 
case he is not able to pay for his own counsel, the judge 
appoints one whose services are paid for out of the public 
treasury. If the verdict has been rendered by a jury and 
the judgment pronounced, the accused cannot be again 
brought to trial on the same charge. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What are the names of the members of the Supreme Court at 

present ? Congressional Directory. 

2. How large are the circuit and district in which your home is 

located ? Who are the judges ? Congressional Directory. 


i 64 the national government. 

3. Under what conditions may a case be appealed from the Supreme 

Court of the State to the United States Supreme Court ? Bryce, 
American Commonwealth, I, 228-230 (232-234). 

4. How is the fact that conflicts between the authority of the Federal 

and the State Courts do not arise, accounted for? Bryce, I, 

234-235 (238). 

5. Are the United States Courts influenced in their decisions by 

politics? Bryce, I, 259-261 (265-267). 

6. Define treason and the punishment therefor. Constitution, Art. 

Ill, Sec. 3, Clauses i and 2. See Government in State and 
Nation, 312, 313. 

7. Describe the influence of John Marshall as Chief Justice. 

(a.) John Marshall, American Statesmen Series, Chapters X and 
XI. 

(b.) Bryce, I, 261 (267). 

(c.) Lodge, “John Marshall, Statesman,” N. Am. Rev., 172: 
191-204. 

(d.) John Marshall, Atl. Mo., 87 ; 328-341. 

8. Show how the development of our Constitution by interpretation 

has been brought about. Bryce, I, 366-375 (376-385). 

9. What has been the influence of the Supreme Court in the history 

of our Nation ? Scribner’s Mag., 33 ; 273-284. 


CHAPTER XVII. 


TERRITORIES AND PUBLIC LANDS. 

The History of Territories.—The first Territories of the 
United States were formed in the region lying north of the 
Ohio River and east of the Mississippi River. Here several 
of the original States (viz., Massachusetts, Connecticut, 
New York, and Virginia) had had claims, which they 
ceded to the general government during the period of the 
Confederation. The Ordinance of 1787 was the instrument 
of government for the entire Northwest Territory until 
the adoption of the Constitution, when it was reenacted 
by the new Congress in 1791. In the years that followed, 
special acts were passed for the government of the different 
Territories that were erected where now we find the States 
of Ohio, Indiana, Illinois, Michigan, and Wisconsin. In 
like manner, the region lying south of Kentucky was 
ceded to the United States by the Carolinas and Georgia, 
and was then formed into Territories and governed by 
Congress. Next, the Louisiana Purchase, Florida, the 
Mexican Cession, and the Oregon Territory came under the 
control of Congress; a succession of Territories was thus 
created, the most of which have subsequently been ad¬ 
mitted into the Union as States. In the government of 
these Territories, Congress has acted in accordance with 
an important power granted to it by the Constitution 

i6s 


166 THE NATIONAL GOVERNMENT . 

Article IV, Section 3, Clause 3. The Congress shall have 
power to dispose of and make all needful rules and regula¬ 
tions respecting the territory or other property belonging to 
the United States. 

The Government of Organized Territories. —Territories 
may be classified as (i) organized and (2) unorganized. 
Of the former we have at present Porto Rico, Hawaii, 
New Mexico, Arizona, and Oklahoma. 

The governing authorities in each are: (i) a governor, 
appointed by the President, with the consent of the Senate ; 
(2) administrative officers—secretary, treasurer, auditor, 
attorney-general, adjutant-general, and superintendent of 
education, all appointed in the same way ; (3) a legislature 
consisting of two houses, the members of which are elected 
by popular vote; (4) a system of courts in which the 
judges are appointed by the President and Senate. 

Relations between Territories and Congress. — A Territory 
is organized by an act of Congress which provides for 
these officers and prescribes their powers. The territorial 
legislature controls the internal affairs of the Territory; 
but its acts may be modified or entirely annulled by Con¬ 
gress. The people of a Territory have no voice in National 
affairs, but they elect a delegate to Congress, who may 
debate but not vote. 

Porto Rico. — The government of Porto Rico is different at some 
points from that of the other organized Territories. The upper house 
of its legislature is the Executive Council and consists of the adminis¬ 
trative officers of the Territory (secretary, treasurer, auditor, commis¬ 
sioner of the interior, attorney-general, and commissioner of education) 
and five other persons appointed by the President. Five of the eleven 
members of this Council must be natives of Porto Rico. The House 


TERRITORIES AND PUBLIC LANDS. 


167 


of Delegates has thirty-five members, elected triennially by the voters. 
There is elected by the people a‘-resident commissioner” to the United 
States, who, unlike the delegates from other Territories, has no seat in 
Congress, but rather has official relations with the President. 

The Territory of Hawaii. — Hawaii was annexed to the United 
.States in 1898, and its government was established by Congress in 
1900. The administrative officers in this Territory are appointed by 
the governor, instead of by the President. Voters in Hawaii must be 
able to read and write either the English or Hawaiian language. 

Unorganized Territories. — Alaska and Indian Territory are called 
unorganized territories. The former has a governor, an attorney- 
general, and a surveyor-general, together with a judiciary consisting of 
three judges. There is no legislature; Congress enacted, in 1900, a 
complete civil code for Alaska. 

Indian Territory was for many years divided into sections containing 
the governments of the “ five civilized tribes.” Each had an organized 
government, republican in form, under a written constitution. The 
legislatures, courts, and civil processes resembled very closely those of 
the State governments. These tribal governments have been superseded 
by National authority. A complete change is being brought about in 
the matter of landholding. Under the Indian governments the lands 
were owned in common, and none but Indians could reside there; but 
white people came into the Territory and obtained leases and claims to 
land, until at the present time more than three-fourths of the 400,000 
inhabitants are whites. Under a law of 1893, the Dawes Commission 
has been at work upon a plan for allotting the land of the Territory to 
the Indians.! When this has been done, the land will be owned “ in 
severalty,” as in other parts of the country. 

Our Government in the Philippine Islands. — The Philippines con¬ 
stitute the largest part of “ our insular possessions,” and are not classed 
as Territories. The word “ colonies ” better expresses their relations to 
the United States. They are completely subject to the control of Con¬ 
gress. During the war with Spain and after it, until the 57th Congress 
passed the Philippine Civil Government Law in 1902, these islands were 
under the military government of the United States. The President, 
as the head of our military system, had supreme authority over these 

! Of the 70,000 Indians but 12,000 or 15,000 are “full bloods.” About 
15,000 negroes, who were formerly slaves, will also receive shares of the land. 


68 


THE NATIONAL GOVERNMENT. 


possessions; and he exercised his powers through the commanding 
general in the islands and through the Philippine Commission, a body 
of five men, of which Governor Taft was president. This commission 
was given authority to establish civil government in the pacified regions 
of the islands. 

In accordance with this policy, the government in the cities and in 
the less disturbed portions of the islands was in reality civil government, 
in which the people had some share, many months before Congress 
assumed responsibility by the passage of the Civil Government Law, 
in July, 1902. This law provides for the continuance of the Philippine 
Commission and the later establishment of a legislative body which is 
to consist of two houses. The upper branch of this Assembly will consist 
of members appointed by the United States government; the members 
of the lower house will be elected by voters who have a certain amount of 
property and can speak English or Spanish. This Assembly will not 
be established, however, until two years after a census, which this law 
provides for, has been taken. The upper house of this future Philip¬ 
pine legislature will have greater powers than the lower branch ; and, of 
course, all acts of the assembly will be subject to veto by the American 
government. 

Besides numerous other small islands the United States possesses 
Tutuila in the Samoan group, Guam, and Wake Island. These are 
governed directly by the naval authorities of the government. 

Political Relations with Cuba. — Cuba was under the control of our 
military authority between the time when our troops occupied the island, 
during the Spanish-American War, and the announcement of its inde¬ 
pendence in May, 1902. Although Cuba is now an independent repub¬ 
lic, it is considered as a “protectorate” of the United States, and is 
subject to the influence of this Nation in its dealings with other nations. 

The Admission of Territories to Statehood. — We have so 
far considered the Territories as in a condition of greater 
or less dependence upon the National government. It has 
always been the policy of the United States to consider 
statehood as the ultimate destiny of its Territories.^ That 
the power to admit States into the Union belongs exclu- 

^ Now that we have possessions containing peoples of other races, the ques¬ 
tion arises, shall Porto Rico, Hawaii, and the Philippines ultimately become 
States? 


TERRITORIES AND PUBLIC LANDS. 169 

sively to Congress is evident from the language of the 
Constitution. 

Article IV, Section 3, Clause i New States may be ad~ 
mitted by the Co 7 tgress into this U 7 iio 7 i; but 710 7 ietv State 
shall be for 77 ied or erected withhi the jnrisdictio 7 i of any 
other State; 7 ior a 7 iy State be fo 7 ^med by the jn 7 ictio 7 i of two 
or more States or parts of States, without the co 7 ise 7 it of the 
legislatures of the States co 7 icer 7 ied as well as of the Co 7 i- 
gress. 

Territories first apply for admission to the Union, and 
then either of two processes may follow: (i) Congress 
passes an enabling act authorizing the Territory to frame a 
constitution, which is submitted to Congress for approval. 
(2) Frequently, the Territory frames its constitution with¬ 
out waiting for the enabling act; with this in its hand the 
Territory then applies to Congress for admission. In either 
case, before giving its approval to the admission of a State, 
Congress must see that the constitution submitted contains 
nothing that is inconsistent with a republican form of gov¬ 
ernment. 

Our Public Land Policy. — In the Territories which lay 
between the Alleghany Mountains and the Mississippi 
River, and in all the acquisitions that have since been 
made, the unoccupied^ lands became the property of the 
United States. So the National government became the 
possessor of many millions of acres of land, and it still 
holds immense tracts in the Western States and in its dis- 

1 Exceptions to this statement must be made to cover certain lands reserved 
by some of the original States that ceded their claims to the United States; 
as, for instance, the Western Reserve in Ohio retained by Connecticut, and 
other lands in the same State retained by Virginia. 


170 


THE NATIONAL GOVERNMENT. 


tant possessions. Upon the admission of a Territory as a 
State, the ownership of its public lands does not pass to 
the new State, but remains with the National government. 
The latter has followed a most liberal policy in dealing 
with its lands, (i) It has granted great amounts to the 
States. The school lands (see p. 240) which are the 
basis of the common school funds in the Western States 
were acquired in this way. (2) Many thousands of square 
miles have been granted to railroad companies as aid in 
the construction of their lines. These lands are still 
being purchased at low rates by settlers in the West. 
(3) Under various laws, settlers acquire farms from the 
government almost free of cost.^ (4) Millions of acres 
are still held by the government, subject to sale at low 
prices. 

At present the larger part of the public lands of the 
United States are arid; that is, they cannot be cultivated 
without irrigation. By a law of 1902, the proceeds re¬ 
ceived from the sale of public lands in certain Western 
States and Territories will be expended by the National 
government in the construction of irrigation works. This 
law is destined to have a great influence upon the future 
of our Western States. 

The National System of Survey. — In the thirteen original 
States there was no uniform system of land survey, but 
each tract of land was surveyed as necessity required, 
generally after settlement had been made upon it. The 
tracts were of very irregular shapes. The boundary lines, 
usually starting from some natural object, were measured 

1 See the provisions of the homestead law, “ Government in State and 
Nation,” p. 333. 


TERRITORIES AND PUBLIC LANDS. 


71 


by rods or chains, running in certain directions as ascer¬ 
tained by the use of the compass. This method of survey 
is still in use in the Eastern States. According to a law of 
1785, a uniform system of “rectangular survey” was ap¬ 
plied to all lands belonging to the United States. This 
survey has preceded settlers, and has to some extent in¬ 
fluenced the method of settlement and the nature of local 



government throughout the West. The lands surveyed 
have been divided into townships six miles square. For 
the boundaries of townships the law requires the use of 
north-and-south and east-and-west lines. To secure start¬ 
ing points from which to run these lines, it was necessary 
to designate certain meridians as Principal Meridians and 
certain parallels as Base Lines. 

























1/2 


THE NATIONAL GOVERNMENT. 


Method of Land Description. —The map indicates the loca¬ 
tion of Principal Meridians and Base Lines in the States 
north of the Ohio River. Starting, then, from any Prin¬ 
cipal Meridian, the tier of townships directly east is called 
Range I; the other ranges are numbered east and west of 
that meridian. Counting also from the Base Line, the 
townships are numbered i, 2, 3, etc., both north and south. 
It thus becomes possible to locate precisely any particular 
township by a simple description: e.g.y township 5 north. 
Range VIII east of the first Principal Meridian. 


Figure i. 



1 







J 






7 










6 

.2 

?! 







Co: 

Tecti 

5 

in 

§ 

Line 








4 

1 









S 

Prtn 

i JU 









£ 







Z7 

III 

U 

v'. 

B.I 

E. 

IL 





JBase 


JAm 


The convergence of meridians causes the townships to 
become less than six miles from east to west as the survey 
proceeds northward from any Base Line. This necessitates 
the running of standard parallel lines, or correction lines, at 
frequent intervals, to be used as new Base Lines (Figure i). 

To still further facilitate the sale and description of 
lands, the law provides for exact methods of subdividing 




























TERRITORIES AND PUBLIC LANDS. 


173 


the township into sections, one mile square, numbered as 
in Figure 2. 

Each section is subdivided into rectangular tracts known 
as halves, quarters, half-quarters, and quarter-quarters. 
The designations of these divisions are by abbreviations and 
fractions. (See Figure 3.) The number of acres in each 
tract is easily computed. 

The rectangular system of survey has been a great aid 
in the subdivision and location of farm lands ; it greatly 


Figure 2. — Six Miles Square. 


6 

5 

4 

3 

2 1 

7 

8 

9 

10 

11 j 12 

1 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

SO 

29 

28 

27 

26 

25 

31 

32 

33 

34 1 

35 

36 


Figure 3. — One 
Mile Square. 


NWi 

Ni NEi 

SEi 

NEi 

Si 


reduces the number of boundary disputes, it determines 
very largely the location of country roads. Moreover, the 
Congressional township has become, in a great many in¬ 
stances, the area within which the political township or 
town has been organized. This town, however, need not 
coincide with the Congressional township; it may be 
greater or smaller in area. 























174 


THE NATIONAL GOVERNMENT. 


SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. For the history of land cessions, references are given in Govern¬ 

ment in State and Nation, p. 334, question i. 

2. The topics treated in this chapter are discussed in Harrison, This 

Country of Ours, pp. 270-279. 

3. Government in the Philippines, Arena, 24 : 281-292. An article by 

Governor Taft on this subject. Outlook, 7: 305-311. The 
Government of our new possessions. Outlook, 64: 353-356, 
Rev. of R’s, 24 : 697-700. 

4. The Government of Porto Rico, N. Am. Rev. 174: 159-174; Rev. 

of R’s 21: 517-519. 

5. The Government of Indian Territory, Forum, 28: 737-740; 34: 

466-480; Rev. of R’s, 23: 451-458. Garland, The Red Men’s 
Present Needs, N. Am. Rev., 174: 479-488. 

6. Irrigation in the West, Forum, 32: 573-581; 33: 366-371; N. 

Am. Rev., 174: 245-258; Outlook, 70: 907-910; R. of R’s, 25; 
75-80; 401-402. 


CHAPTER XVIII. 


AMENDMENTS TO THE CONSTITUTION. 

Methods of amending the Constitution. — We have al¬ 
ready considered the • effect of amendments on some 
of the original clauses.^ It now remains to consider, 
briefly, the methods of amending the Constitution and a 
few other provisions found in the amendments. Article V 
provides for amendments as follows : — 

The Congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this Co 7 i- 
stitiction, or, on the application of the legislatures of two- 
thirds of the several States, shall call a convention for pro- 
posing amendments, which, in either case, shall be valid to 
all mtents and purposes, as part of this Constitiction, when 
ratified by the legislatures of three-fourths of the several 
States, or by conve 7 itions in three-fourths thereof, as the one 
or the other mode of ratification may be proposed by the 
Congress ; provided that no amendment which may be made 
prior to the year one thousand eight hundred and eight shall 
in any manner affect the first and fourth clauses in the ninth 
section of the first article; and that no State, without its 
consent, shall be deprived of its equal suffrage in the 
Senate. 

Thus, amendments may be proposed in either of two 
1 For Amendment XI, see pp. 159-160; for Amendment XII, see p. 120. 

175 


1/6 


THE NATIONAL GOVERNMENT. 


ways : by a vote of two-thirds of both houses of Congress; 
or by a National convention called by Congress for that 
purpose on the application of two-thirds of the State 
Legislatures. The convention method has never been 
used in proposing amendments to this Constitution. 

Amendments may also be. ratified in two ways: by the 
Legislatures in three-fourths of the several States; or by 
conventions in three-fourths thereof. Congress has always 
selected the first of these methods. 

Amending the Constitution Difficult. — That it is difficult 
to amend the Constitution may be seen when we consider 
that some two thousand amendments have been proposed 
in an official way. During a single session of the 57th Con¬ 
gress, fifty amendments, on twenty different phases of gov¬ 
ernment, were proposed in one or other of the houses 
of Congress. 

Amendment XIII. —The purpose of the first ten amend¬ 
ments have already been noted, on p. 114. 

The Xlllth, XIVth, and XVth amendments were the 
results of negro slavery. The Emancipation Proclamation 
granted freedom to all of the slaves in the States then in 
rebellion. There were some States, however, as Ken¬ 
tucky, Tennessee, and Missouri, where slavery might still 
exist legally. In order to be rid of this institution alto¬ 
gether, Congress proposed the XII Ith Amendment to the 
Constitution, which is as follows : — 

Neither slavery nor involnntary servitude^ except as a pun¬ 
ishment for crime whereof the party shall have been dtily 
convicted, shall exist within the United States, or any place 
subject to their juris dictio7i. 


AMENDMENTS TO THE CONSTITUTION. 


177 

Congress shall have power to enforce this article by ap^ 
propriate legislation. 

It was declared a part of the Constitution, December 18, 
1865. 

Amendment XIV. — This amendment was proposed by 
Congress, June 16, 1866, as a part of the general plan 
for reconstruction. The Southern States were not to 
be regarded as a part of the Union until they should 
ratify it. The entire amendment, given in Appendix A, 
should be read. Sections i and 2, however, contain the 
most important provisions. Section i has already been 
partially discussed on p. 98, under the question, “ Who 
are citizens ? ” Section 2 has also been considered on 
p. 53, in connection with the apportionment of repre¬ 
sentatives. 

Congress has at different times removed the disabilities 
from certain of the classes mentioned in Section 3. Finally, 
an act of June 6, 1898, removed the last disability imposed 
by this section. 

Amendment XV. — In order to secure full political rights 
for the negroes, the XVth Amendment was passed, as indi¬ 
cated on p. 51. 

The right of citizens of the United States to vote shall 
not be denied or abridged by the United States, or by any 
State, on account of race, color, or previous condition of 
servittide. 

The Congress shall have power to enforce this article by 
appropriate legislation. 


N 


178 


THE NATIONAL GOVERNMENT. 


SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What facts can be given showing the difficulty of amending the 

Articles of Confederation ? Fiske, Critical Period, 218-220. 

2. Is it now considered difficult to amend the Constitution ? Bryce, 

American Commonwealth, I, 359-362 (368-371). 

3. What were the conditions under which the Emancipation Procla¬ 

mation was issued ? Wilson, Division and Reunion, 226-228. 

4. Was the adoption of the XVth Amendment a wise policy? 


CHAPTER XIX. 


THE GOVERNMENTS OF THE WORLD. 

Kinds of Governments. — It is customary to classify the 
governments of the world under two heads : (i) Republics, 
(2) Monarchies. The real nature of our Republic may be 
made more apparent by a comparison of our system with 
that of other republics, and with the governments of certain 
great monarchies. 

Our Federal Republic. — It has been emphasized in the 
course of our study that the States are vital parts in the 
political system which we call the Republic of the United 
States. The States are not mere administrative divisions 
of the Nation; they do not stand in the same relation to 
the National Government that counties bear to the State. 
They do not derive their powers from the National Govern¬ 
ment; nor, on the other hand, does the latter derive its 
powers from the States. The source of power for both is 
the same — “ the people themselves, as an organized body 
politic.” The United States is, then, a Fedei'al Republic. 
It is essential to understand that, in the division of powers 
between States and Nation, the latter is sovereign over the 
matters that are placed within its jurisdiction ; but it is a 
feature of our system no less essential (though less clearly 
understood by the people) that the States are as completely 
sovereign over matters that lie within their control. 


79 


So 


THE NATIONAL GOVERNMENT. 


France a Centralized Republic. — In France we find an 
entirely different type of republic — not federal, but cen¬ 
tralized. France is divided into eighty-six departments, 
which correspond in some respects to our States. But in 
their relation to the central government the difference is 
very striking; for the departments are merely administra¬ 
tive divisions of the central government. They have no 
original and no sovereign powers of government. The 
chief authority in each department is a prefect, who is ap¬ 
pointed by the Ministry of France (the central executive 
body) and is responsible to it. There is a legislative body 
in each department, called the general council, but the 
powers of this body are very much restricted. 

The national government of France exercises legislative 
authority upon many subjects in the departments, and it 
administers the laws directly. Consequently, the people’s 
powers of local self-government are very much less exten¬ 
sive than those enjoyed by the people in the United States. 
There result in France much greater uniformity of legis¬ 
lation and more effective administration; while in many 
parts of the United States local self-government results 
in corrupt laws and wasteful administration. But we 
believe that the people will become educated in the use 
of political power if the responsibility for its use rests 
upon them, rather than upon some central authority. 

The Swiss Republic. — An example of a federal repub¬ 
lic is the government of Switzerland. Here the cantons 
correspond to our States, and each canton has control 
over its own local affairs, without interference from the 
federal government. The chief features of the French 


THE GOVERNMENTS OF THE WORLD. i8l 


and the Swiss governments are indicated in the accom¬ 
panying outline:^ — 


United States 

Switzerland 

France 

Congress 

Federal Assembly 

The Chambers 

Seriate 

State Council 

Senate 

Two members from 

Two members from 

300 members elected 

each State 

each canton 

. by an electoral col¬ 
lege in each depart¬ 
ment 

Six years 



House of Repre¬ 

National Conncil 

Chamber of Deputies 

sentatives 



386 members elected 

147 members elected 

584 deputies elected 

by people 

by people 

by people 

Two years 

Three years 

Four years 

President 

President 

President 

Elected by electors, 

Elected by Federal 

Elected by National 

i.e. by the people 
of the States 

Assembly 

Assembly; i.e. Sen¬ 
ate and Chamber 
of Deputies in joint 
session 

Four years 

One year 

Seven years 

Cabinet 

Federal Council 

Ministry 

Nine members ap¬ 

Seven members 

Twelve members ap¬ 

pointed by Presi¬ 

elected by Federal 

pointed by Presi¬ 

dent and Senate 

Assembly 

dent 


Constitutional Monarchies. — The monarchies of Europe 
are classified as (i) constitutional and (2) absolute, Russia 
and Turkey being the only ones of the latter class. In 
constitutional monarchies the ruler holds his position by 
heredity, but there exists also a constitution, which defines 

1 Among the South American republics, Brazil, Mexico, and Argentine 
Republic are federal in nature, like the United States and Switzerland. 











i82 


THE NATIONAL GOVERNMENT. 


the distribution of powers among the branches that com¬ 
pose the government and fixes the limits of authority vested 
in each. The British constitution is partly written, as 
found in the great historical documents of English history, 
such as Magna Charta (1215), the Petition of Right (1628), 
and the Bill of Rights (1689)^; and partly unwritten, con¬ 
sisting of precedents and customs which are recognized as 
authoritative. The constitutions of the other monarchies 
of Europe were made during the nineteenth century, and 
consequently they are younger than that of the United 
States. 

In all the constitutional monarchies we find legislative 
bodies similar to our Congress. In every case the lower 
house is elected by the voters; ^ in England, the Austrian 
Empire, Italy, and Spain, a number of the members of the 
upper house hold their position by hereditary right. In 
respect to legislation, therefore, the constitutional mon¬ 
archies are all more or less republican in principle ; that 
is, they all recognize the supreme authority of the people 
acting through their representatives. 

The Cabinet System of Government. — In the relations 
existing between their legislative and executive depart¬ 
ments, the European governments differ considerably from 
that of the United States. In our government we find, 
theoretically at least, that these departments are separated ; 
in the European governments there is a close interdepend¬ 
ence of the legislative and executive branches, through 
some form of “cabinet responsibility.” This “cabinet 
system ” of government is found in the republics as well as 

^ Compare the “ Bill of Rights ” in our Constitution; see pp. 256-257. 

2 Property qualifications for suffrage are common in European countries. 


THE GOVERNMENTS OF THE WORLD. 


183 


in the constitutional monarchies of Europe, and in the 
self-governing British possessions, such as Canada and the 
Australian colonies.^ The difference between the Con¬ 
gressional and the cabinet systems is greater in appearance 
than in reality ; for in the United States the President 
and his Cabinet exert considerable influence upon legisla¬ 
tion. 


England 

Germany 

Monarch — hereditary in the line 

Emperor—hereditary 

fixed by Parliament 

King of Prussia 

Cabinet 

Ministry 

Nineteen members ^ chosen by 

Eight ministers. Chancellor at 

the Prime Minister 

the head, appointed by the 
Emperor 

Parliamejit 

Parlianmit 

Limit of term, seven years 

Term, five years 

House of Lords 

Bu7idesrath or General Cotmcil 

586 members, holding seats 

58 members appointed by the 

(i) by heredity, (2) by 
appointment by Crown, 

( 3 ) by election ^ 

German States 

House of CojHinons 

Reichstag or Diet of the Reah^t 

670 members elected by the 

397 members elected by the 

people of England, Scot¬ 
land, and Ireland 

people 


1 This system finds its best illustration in the English government, of which 
a brief description will be found in “ Government in State and Nation,” pp. 
178-179. For references, see questions 12, 15, and 16, p. 181. 

2 The number of members in the Ministries of England and Germany 
varies. 

® Irish peers are elected for life, and Scottish peers are elected for the dura¬ 
tion of a Parliament. 








184 


THE NATIONAL GOVERNMENT. 


The Government of Russia. — “ The government of Rus¬ 
sia is an absolute hereditary monarchy. The whole legis¬ 
lative, executive, and judicial power is united in the Czar, 
whose will alone is law. There are, however, certain rules 
of government which the sovereigns of the present reign¬ 
ing house have acknowledged as binding.” ^ There are 
four great councils which assist the emperor in the govern¬ 
ment of Russia. The country is divided into administra¬ 
tive districts, which are presided over by representatives of 
the Emperor and have supreme civil and military authority. 
The people of Russia, have, however, some measure of 
local self-government. This is seen in the communes, 
where the people {i.e.y the householders) hold general 
meetings for the purpose of discussing local affairs and 
electing officers. 

The Form and the Spirit of Government. — The study of 
other governments and the comparison of them with our 
own will teach us that the virtue of a government resides, 
not in its framework, but in its spirit. A government may 
be monarchical in form and republican in its practical 
workings. In England and in others of the European 
monarchies, the will of the people is the law of the land. 
On the other hand, a government may be republican in 
form, and very unrepublican in its methods of operation. 
There are cities and States in our country where one man, 
the political boss, or a group of men, the political machine, 
dictates the course of legislation and controls the adminis¬ 
tration of the law. Here we find, in reality, not republican 
governments, but despotisms or oligarchies. 


^ “ Statesman’s Year Book,” 1902, p. 976. 


THE GOVERNMENTS OF THE WORLD. 


185 


The final test of a government is found in the responsive¬ 
ness of the governing authorities to the will of the majority 
of the people. Wherever republican institutions are found, 
whether in republics or in monarchies, the people may 
rule if they will. Monarchical and aristocratic institutions 
do not in our time stand long in opposition to a determined 
public opinion; and, on the other hand, a framework 
of republican institutions will not insure the execution of 
the popular will. This can only be secured where high- 
minded citizens are vigilant in the performance of their 
political duties. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. The relations of nations are governed by the rules of international 

law, Government in State arnd Nation, 352-354. 

2. What progress has been made in the direction of settling disputes 

between nations by arbitration instead of by war ? Government 
in State and Nation, 354 - 357 * Forum, 31: 197-208; Rev. of 
R’s, 21: 51-55* 


CHAPTER XX. 


INTERNATIONAL LAW. 

We have been considering the nature and authority 
of our National government and the vital relations which 
the States bear to the central power. We shall now dis¬ 
cuss, briefly, some of the rules and usages which regulate 
the relations between nations. 

Nature and Origin of International Law. —The law of 
nations or international law is defined as follows: “ The 
rules which determine the conduct of the general body 
of civilized states in their dealing with one another.” ^ 
The execution of the rules of international law depends 
largely upon the honor of the individual nation. While 
some of these rules may be disregarded, they are now 
usually observed by all civilized states. 

Strictly speaking, Hugo Grotius, a political exile from 
Holland residing in Paris, became the founder of inter¬ 
national law through the publication, in 1625, of his “ De 
Jure Belli ac Pactis,” a book which has been declared to 
have altered the history of the world. Additions have 
been made to this great work from time to time, as the 
public opinion of the civilized world decides new cases 
or grows to greater heights of humanity and justice. 

^Lawrence, “The Principles of International Law,” p. i, 

186 


INTERNATIONAL LAW. 


187 

Peaceful Intercourse between Nations_Ambassadors, 

ministers, and other agents are employed, as we have 
seen, in carrying out the foreign policies of nations. 
(See pages 142, 143.) 

Treaties.—The rights and privileges of nations in their 
intercourse with each other are frequently defined by 
treaties. A treaty is a formal agreement or compact 
duly concluded and ratified between two or more nations. 
The process by which treaties are made and ratified are 
discussed on pages 132 and 133. 

Treaties of Reciprocity.—The United States, in com¬ 
mon with most other great nations, has restricted free 
commercial intercourse by placing a tax on many articles 
imported into the country. (See pages 84 and 85.) 
These tariff rates are frequently changed by treaties of 
reciprocity. When two countries enter into a reciprocity 
agreement, each agrees to admit certain products of the 
other at reduced rates or free of duty. These are gen¬ 
erally commodities in the production of which there is 
little or no competition between the parties to the treaty. 

Extradition Treaties.—When an extradition treaty ex¬ 
ists between two governments, a criminal fleeing from 
one country to the other may, upon the demand of the 
officers from the country in which the crime was com¬ 
mitted, be surrendered to them for trial. 

International Arbitration. — International arbitration 
signifies the agreement on the part of two nations in 
dispute to submit their differences to an independent 


THE NATIONAL GOVERNMENT. 


188 

tribunal. Great progress was made during the nine¬ 
teenth century toward this much-to-be-desired goal. Our 
own government has hastened this advance, for it has 
been a party to about fifty out of one hundred and twenty 
arbitrations. At least twenty of these cases have been 
between the United States and Great Britain, and a set¬ 
tlement was affected when at times it seemed as if war 
could not be averted. 

The Hague Conference.—The work of the Peace Con¬ 
ference at The Hague (May, 1899) constituted a fitting 
close to the efforts which were put forth during the last 
century to bring about conciliation through arbitration. 
The conference assembled in response to an invitation 
issued by the Czar of Russia, ‘‘ on behalf of disarma¬ 
ment and the permanent peace of the world.” One hun¬ 
dred and ten delegates were present, representing twenty- 
six different Powers, of which the United States was 
one. The delegates were divided into three commissions, 
each having separate subjects for consideration. The 
first commission adopted unanimously the resolution 
that “ the limitation of the military charges which so 
oppress the world is greatly to be desired.” They agreed 
that this could not now be accomplished through an 
international compact. 

The proposition expressing the wish that international 
conflicts might in the future be settled through arbitra¬ 
tion was considered by the third commission. Said 
former President Harrison: “ The greatest achievement 
of The Hague Conference was the establishment of an 
absolutely impartial judicial tribunal.” Some of the 
leading features of this permanent court of arbitration 


INTERNATIONAL LAW. 


189 

were provided for as follows: Each nation which agreed 
to the proposition was to appoint, within three months, 
four or more persons of recognized competency in inter¬ 
national law, who were to serve for six years as mem¬ 
bers of the international court. (2) An international 
bureau was established at The Hague for the purpose 
of carrying on all intercourse between the signatory 
Powers relative to the meetings of the court, and to 
serve also as the recording office for the court. (3) 
Nations in dispute may select from the list of names 
appointed, as indicated in Article I above and submitted 
to them by the bureau, those persons whom they desire 
to act as arbitrators. (4) The meetings of the court are 
to be held at The Hague, unless some other place is 
stipulated by the nations in the controversy. This court 
was convened for the first time May 18, 1901. It is 
readily seen that the advantages of such a court are: 
that unprejudiced arbitrators are selected; rules of pro¬ 
cedure are defined; and that decisions rendered are more 
liable to be accepted in future cases, and thus a code will 
be formed. 


A Second Hague Conference.—During May, 1904, John Hay, then 
Secretary of State, upon the advice of President Roosevelt, sent an in¬ 
vitation for a second Hague conference to the nations which had 
participated in the first one. It was accepted by all, save Russia, 
then engaged in war with Japan. In September, 1905, peace having 
been declared, the Czar himself sent out a similar invitation. It is 
hoped that this conference will advance still further the cause of in¬ 
ternational arbitration. 

Embargo and Reprisals. —Two other methods are some¬ 
times used to obtain satisfaction from an offending 


THE NATIONAL GOVERNIMENT. 


190 

nation without resorting to actual war, viz., the embargo 
and reprisals. 

An embargo means the detention of ships in ports. 
There are two kinds: pacific and hostile. A nation, by 
a pacific embargo, forbids its own vessels from leaving 
port. When merchant vessels of the offending nation 
are detained in the ports of the country whose rights 
have been abused, we have an illustration of the hostile 
embargo. 

A reprisal is used when a nation, by means of its 
armed forces, seizes the property belonging to the state 
or subjects of the state by which it was wronged. Prop¬ 
erty thus taken is usually held until reparation is made. 


Relations between Nations in Time of War. 

Declaration of War.—A formal declaration of war is 
not absolutely necessary before hostilities are begun, but 
it is usual. There is generally a period of negotiation 
followed by a demand, the ultimatum^ the refusal of 
which will be followed by war. 

Declaration of War against Spain by the United States.—April 20, 
1898, Congress passed resolutions which were signed by the President 
and sent as an ultimatum to Spain, demanding that her land and naval 
forces be withdrawn from Cuba, and that an answer be returned before 
noon of April 23. On the day this ultimatum was sent, the Spanish 
minister at Washington requested and received his passports. On 
April 21, before our minister at the court of Spain was able to deliver 
the decree of his government, the Spanish government notified him 
that diplomatic relations with the United States were at an end. Min¬ 
ister Woodford immediately left Madrid, and the fleet at Key West 
was ordered to sail. April 25, President McKinley sent a message to 


INTERNATIONAL LAW. 


191 


Congress asking for a joint resolution declaring that a state of war ex¬ 
isted between Spain and the United States. A bill was introduced and 
at once passed both Houses declaring that war did exist and had 
existed since April 21. 

Belligerents, Neutrals, and Combatants. — Nations en¬ 
gaged in war are called belligerents, other nations neu¬ 
trals. The armed forces or other persons authorized by 
a government to engage in war are known as combat¬ 
ants. They may be lawfully killed or captured by the 
forces of the enemy. The citizens of the belligerent 
nations not engaged in carrying on the war are called non- 
combatants. They are exempt from the usual severities of 
warfare. All peaceful negotiations between the subjects 
of belligerent nations cease during the period of warfare. 
Debts contracted with the enemy subjects before the war 
cannot be collected while the war continues. The legal 
right to obtain what is due is renewed when peace is 
declared. 

The Geneva Convention, 1864.—In the international convention at 
Geneva, in 1864, a marked advance was made. By an agreement, 
entered into at that time which has been accepted by nearly all the 
civilized Powers of the world, hospitals and all articles intended for the 
use of the sick and wounded, together with all surgeons, nurses, and 
other persons engaged in caring for them, are not subject to capture if 
they are protected by the badge having a red cross upon a white 
ground. This emblem is placed on the flag or is worn on the arm as 
the case may be. 

Property Rights of the Enemy. —‘‘ State property, such 
as arms, stores, and munitions of war, found in a cap¬ 
tured camp or fort, or on a battlefield, belongs to the 
government of the victors.” Private property is re- 


192 


THE NATIONAL GOVERNMENT. 


garded as exempt from capture on land. An invading 
army, at times, finds it necessary to seize the property of 
non-combatants for subsistence. Although there have 
been notable exceptions, property seized in this way is 
usually paid for. Private property of an enemy’s sub¬ 
jects on the sea may be captured. The United States 
government has always held that private property at 
sea should be exempt from capture. The Congress of 
Paris did not take this advance position, as we shall now 
see, and our government refused to become a party to 
the agreement. 

Rights of Neutral Nations. 

Congress of Paris. —National usage varied as to the 
rights of neutrals until the year 1856, when the chief 
European nations, Spain excepted, in the Congress of 
Paris, gave the chief impulse to united action by agreeing 
to four significant principles, viz.: (i) Privateering is 
and remains abolished; (2) The neutral flag covers an 
enemy’s goods, with the exception of contraband of war; 

(3) Neutral goods, with the exception of contraband of 
war, are not liable to capture under the enemy’s flag; 

(4) Blockades in order to be binding must be effective. 


Privateers and Privateering.— A notable advance step 
was made when privateering was abolished. Privateers 
are vessels which are owned and officered by private 
persons but are commissioned by a belligerent govern¬ 
ment through the granting of letters of “ marque and 
reprisal.” With such a commission, a vessel is privileged 
to seize the property of the enemy wherever found. 


INTERNATIONAL LAW. 


193 

Although our government was not a party to the agree¬ 
ment of the Congress of Paris, the President declared, 
at the opening of the Spanish-American War, that its 
provisions should be maintained. Spain declared in 
favor of granting letters of marque to privateers but did 
not carry out the threat. 

Contraband of War. —Unfortunately, there is no agree¬ 
ment as to what constitutes contraband of war. Arms 
and munitions of war are generally recognized as being 
contraband. Contraband of war destined for one of 
the belligerents may be seized by the other belligerent even 
though it be carried by a neutral vessel. Such a seizure 
may not be made, however, within the territory of the 
neutral nation. Each nation usually decides as to the 
specific articles it will regard as contraband. In 1898, 
upon the outbreak of the Spanish-American War, our 
government issued a decree which declared the following 
articles absolutely contraband: 

“Ordnance, machine guns and their appliances and the parts 
thereof; armor plate and whatever pertains to the offensive and de¬ 
fensive armament of naval vessels ; arms and instruments of iron, 
steel, brass, or copper, or any other material such as arms and instru¬ 
ments being especially adapted for use in war by land or sea ; torpe¬ 
does and their appurtenances ; cases for mines, of whatever material; 
engineering and transport materials, such as gun carriages, caissons, 
cartridge boxes, campaigning forges, canteens, pontoons ; ordnance 
stores ; portable range-finders ; signal-flags destined for naval use ; 
ammunition and explosives of all kinds ; machinery for the manufact¬ 
ure of arms and munitions of war; saltpeter and horses. The con¬ 
ditionally contraband articles mentioned were the following : Coal when 
destined for a naval station, a port of call, or a ship or ships of the 
enemy ; materials for the construction of railroads and telegraphs, and 


194 


THE NATIONAL GOVERNMENT. 


money, when such material or money are destined for an enemy’s 
forces ; provisions when destined for an enemy’s ship or ships, or for 
a place that is besieged.” 

Blockades. —A belligerent has the right to prevent 
access to or egress from a port of his enemy by station¬ 
ing ships in such a position that they can intercept vessels 
attempting to approach or leave the port in question. A 
port thus closed is said to be blockaded. Blockades are 
not regarded as effective unless there would be real dan¬ 
ger to a vessel attempting to pass through. A blockade 
not satisfying this condition is called a “ paper blockade.” 
The United States government, in 1898, carried out the 
fourth provision of the Congress of Paris in making 
the blockades of the ports of Havana and Santiago 
effective. 

The Monroe Doctrine. —The American delegates to The 
Hague Conference on signing the agreement entered into, 
made the provision that nothing contained therein should 
interfere with the traditional policy of the United States: 

(1) not to become a party to foreign entanglements; and 

(2) to maintain the present attitude of our government 
toward purely American questions. In other words, the 
principles of the Monroe Doctrine were to be protected. 

This doctrine was first formally set forth by President 
Monroe in a message to Congress in 1823. It declared: 

(I) that the United States would take no part in Euro¬ 
pean wars (this had been the policy of our government 
since its foundation) ; (2) that our government would 
not interfere with any European colonies already estab¬ 
lished in America; (3) that any attempt on the part of a 
European nation to interfere with the independence of an 


INTERNATIONAL LAW. 


195 

American State would be regarded by the United States 
as an unfriendly act. 

Mexico and the South American colonies of Spain had 
succeeded in winning their independence and set up gov¬ 
ernments of their own. The assertion of the Monroe 
Doctrine was intended to prevent the overthrow of these 
governments by Spain or any other Power. It was felt 
that if any great European nation, or group of nations, 
were to be allowed to interfere in affairs of the countries 
of America and thus gain a foothold on this continent, it 
would endanger the welfare of the United States.* It 
has ever since been the policy of our government to main¬ 
tain the principles of the Monroe Doctrine. 

Interpretation of the Monroe Doctrine. —Much has been 
written on the proper interpretation of this doctrine. 
President Roosevelt, in an address made during the year 
1905, best sets forth the principles as they should be ap¬ 
plied under present conditions. His conclusions were as 
follows: “ We cannot permanently adhere to the Monroe 
Doctrine unless we succeed in making it evident, in the 
first place, that we do not intend to treat it in any shape 
or way as an excuse for aggrandizement on our part at 
the expense of the republics to the south of us; second, 
that we do not intend to permit it to be used by any of 
these republics as a shield to protect that republic from 
the consequences of its own misdeeds against foreign 
nations; third, that inasmuch as by this doctrine we pre- 

* The Holy Alliance, consisting of Russia, Austria, and Prussia, had been 
formed in 1815. Its real purpose was to prevent the people of any European 
monarchy from overthrowing the government. Spain looked to this Alli¬ 
ance to aid her in re-conquering her colonies in America, 


THE NATIONAL GOVERNMENT. 


196 

Vent other nations from interfering on this side of the 
water, we shall ourselves in good faith try to help those 
of our sister republics, which need such help, upward 
toward peace and order.” 

SUGGESTIVE QUESTIONS AND REFERENCES. 

1. The Peace Conference at The Hague. “ North American Re¬ 

view,” 168 : 771-778 ; 169 : 604-624 ; 625-639 ; “ New England 
Magazine,” 19: 580-585; “Forum,” 28: 1-12 ; “Outlook,” 
62: 22-25. 

2. Reasons for Russia’s desire for peace. “ Review of Reviews,” 

18: 376-377; 19: 432-434- 

3. The text of the arbitration agreement made at The Hague Con¬ 

ference is found in “ Review of Reviews,” 21 : 51-55 ; Moore, 
What the Arbitration Treaty is Not, “ Review of Reviews,” 
21: 50-51- 

4. What was the arbitration treaty negotiated with England in 

1897 ? “ Forum,” 23 : 13-22 ; 23-27 ; “ Outlook,” 55 : 223-224 ; 
Fiske, “Atlantic Monthly,” 79: 399-408; For what reasons 
was the treaty rejected by the Senate? “Outlook,” 55: 
960-961. 

5. The Establishment of a permanent Peace Tribunal. “Review 

of Reviews,” January, 1902, p. 144. 


CHAPTER XXL 


MUNICIPAL LAW. 

Government and Law.—In the first chapter of this book 
it was stated that the preservation of order is one of the 
purposes for which government is established. Now, 
“ order ” is preserved when no man interferes with the 
rights of another. When men live in civilized com¬ 
munities the preservation of individual and public rights 
becomes a matter of great importance. To define these 
rights a system of law is created, and it is the business 
of the government to apply the law (i) in enforcing 
rights and (2) in securing redress for wrongs. 

In the study of civics we are mainly occupied with 
the institutions and officers of government; that is, with 
political law, and with some forms of political rights, 
such as the right to vote and to hold office. These are 
rights that are given and may be taken away by the 
government. The large field of men’s relations toward 
each other and toward the entire body politic (i. e., the 
state) of which they are members, is the field of civil 
or municipal ^ law. Here are discussed civil rights, not 
those which are necessarily dependent upon an act of the 
government, but those which men have as members of 
the community that established and maintains the gov¬ 
ernment. 

^ Not municipal in the sense of pertaining to a city. 

197 


THE NATIONAL GOVERNMENT. 


198 

The Forms of Law. — Municipal law exists in two 
forms: (i) common law and (2) statute law. The 
common law had its origin in the customs of our ances¬ 
tors; some of these customs date back to the earliest 
historical times. Gradually the practices of men in de¬ 
fining their rights toward each other became established 
customs. These were recognized as binding by judges 
of courts, and so they became laws in fact, though they 
were never enacted by legislative bodies. The common 
law is sometimes called “ the unwritten law,” but of 
course the greater part of it has been written and may 
be studied in legal text-books and in the reports of judi¬ 
cial decisions. The formal enactments of legislative 
bodies are called statutes, and these constitute “ the 
written law.” Statute law has greatly modified common 
law upon many points; for as communities advance in 
their ideas of right and wrong, it becomes necessary to 
alter the older practices in favor of others that appear to 
be more just. 

We may now take a general view of the entire field 
of law and government as shown below: 


Political Law.^ 


Municipal Law. 


1 


Establishes the institutions, machinery, and offices 
of government. 


Two Objects. 


To protect rights. 
To redress wrongs. 


Public. 

Private. 

Public. 

Private. 


Two Forms. 


j Common Law. 
I Statute Law. 


International Law. Defines the rights and duties of nations. 


^ In its broadest sense municipal law includes political law The dis¬ 
tinction is made here in order to show more clearly the relation of the 
former to the topics chiefly discussed in the civics class. 



MUNICIPAL LAW. 


199 

Public Rights. —Rights are classified as public and 
private. The former are the rights that the public, or 
the state, has as against the people who are its members. 
These rights are, in general, two: (i) obedience-and (2) 
support. The right of the state to obedience means 
simply the duty of the individual to obey the laws and to 
maintain the government. The state has the right to 
support: (i) By requiring the citizen to pay taxes; (2) 
requiring him to give services in some instances, as in 
time of war; and (3) by requiring him to surrender his 
property to the state, if this becomes necessary. 

Eminent Domain.—In seizing the property of an individual the 
state exercises the right of eminent domain. This right is based upon 
the principle that the public welfare is superior to that of any one per¬ 
son. It is required, however, that just compensation must be rendered 
for the property taken. If the owner and the authorities cannot agree 
upon a price, the law provides for a jury, or board of appraisers, who 
fix a value. The state exercises this power in condemning land for 
the sites of public buildings and for the location of roads. Railroads 
are empowered to use this method of obtaining their right of way. 

The citizen, on his part, has rights which he may 
enforce against the public, (i) He is entitled to pro¬ 
tection from the wrongful deeds of other citizens, of 
officers, and of foreigners. (2) He may obtain vindica¬ 
tion or redress when he is wronged by any of the parties 
just mentioned. 

Private Rights. —Private rights are those that an indi¬ 
vidual possesses in his relations with other individuals; 
these may be classified under seven heads: 

(I) Of first importance is the right to security. This 
means more than freedom from bodily injury, and in- 


200 


THE NATIONAL GOVERNMENT. 


dudes security of health, reputation, and peace of mind. 
Corresponding to each right there may be a wrong. For 
example, a person may violate another’s right to bodily 
security by committing assault and thus wounding him; 
he may violate the right to the preservation of health 
by maintaining a nuisance, such as a stable or cesspool 
from which disease germs are liable to spread; he may 
violate the right to the enjoyment of reputation by libel 
or slander. 

(2) The right to liberty is one of which citizens in 
this country are proud; it secures one against imprison¬ 
ment for any but just and legal reasons. The remedy 
through which liberty may be obtained by anyone un¬ 
justly imprisoned is the writ of habeas corpus (see 
p. hi). 

(3) Security of property and the violation of it con¬ 
stitute the most frequent cause for legal disputes. Prop¬ 
erty is of two kinds, (i) Real estate consists of land, 
buildings, and their permanent fixtures. (2) All other 
forms of property are called personal. The term chattels 
is often given to this kind of property. The ownership 
of personal property is transferred merely by change of 
possession. Real estate, on the other hand, is legally 
transferred by the document known as a deed, which 
contains a description of the property and the signatures 
of those who are parties to the transaction. Deeds should 
be recorded by an officer known as the recorder or 
register of deeds. 

Mortgages.—A person who borrows money may mortgage his prop¬ 
erty as security for the payment of the debt and the interest. The 
mortgage is a pledge that if the payment is not duly made the present 
owner (the mortgagor) will relinquish the property to his creditor (the 


MUNICIPAL LAW. 


201 


mortgagee). A chattel mortgage is given when the security consists of 
personal property. 

The right of security in the possession of property may 
be violated by one who illegally takes possession of it, 
commits trespass upon it, or injures it without just 
cause. 

(4) Another class of private rights arises under the 
marriage relation. Both husband and wife, by entering 
into this legal relation, acquire certain rights and are 
subject to corresponding duties. To some extent, the 
husband is entitled to obedience from his wife and to 
her services. The wife may claim from her husband 
both protection and support. The marriage relation can 
be legally dissolved only by death or by a decree of divorce 
issued by a court. 

(5) The rights of parents and children are among 
those defined and secured by municipal law. The parent 
may control the child and may take possession of his 
earnings; he must in return care for and support the 
child. The parent is not liable to punishment for wrongs 
committed by his child; but the latter may suffer the 
legal penalty of wrong-doing if he is old enough to 
realize the consequences of his acts. 

(6) Persons who are under twenty-one years of age 
are minors and if they are without parents they may 
have guardians and thus they become wards. In this 
relation, both the guardian and the ward have certain 
rights and duties, defined by law. The former must 
care for the ward and his property; the latter is subject 
to the control of his guardian. 

^ In a few States girls become of age at eighteen years. The law applies 
the term infants to all minors. 


202 


THE NATIONAL GOVERNMENT. 


(7) The law protects the rights of masters and serv¬ 
ants against injury. Under these terms are included: 
(a) Employers and employees. Here arise a vast num¬ 
ber of questions concerning the rights of employers in 
hiring and discharging workmen; the rights of the latter 
to their wages; the loss of time by employees; injuries 
received by them and injuries done'to machinery, {b) 
Principals and agents. A great amount of business is 
done by agents who act under the authority of their 
principals. Among these agents are clerks, salesmen, 
and soliciting agents of all kinds; commission merchants 
and brokers, managers of factories, the officers of cor¬ 
porations, and attorneys. It is a general rule that when 
the agent acts within his instructions, the principal may 
be held responsible for his acts. 

Contracts.—Many of the rights of individuals that are 
enumerated above exist because two parties have en¬ 
tered into a contraet, and the law is very frequently 
invoked to enforce its terms. The sale of property is 
brought about by an agreement which the law regards 
as a contract. Fraud and cheating in connection with 
sales are private wrongs, and the injured party may by 
law secure redress for them. A marriage is a legal con¬ 
tract, so also is the hiring of a laborer or the employment 
of an agent. 

Among the most ordinary contracts are those between common car¬ 
riers (i. e., railroad and steamboat companies, draymen, etc.), and 
shippers or travelers. A contract exists also when two or more per¬ 
sons agree to carry on business in partnership. It is a peculiarity of 
partnerships that each member is liable for the total amount of debts 
of the firm. Most large business enterprises that are not owned by a 
single person are carried on by joint stock companies. This form of 


MUNICIPAL LAW. 


203 

association is also a contract; but here each investor is ordinarily 
liable only for the amount of his investment. 

Contracts may be written, as in the case of a deed, 
a lease, or an engagement to work, or they may be oral, 
as when one orders goods or hires a workman. An 
express contract exists when a compensation is stated 
for which goods or services are given; if no compensa¬ 
tion is stated, there may be an implied contract, and the 
one who accepts goods or services without objection may 
be compelled to pay a reasonable price, though he never 
ordered them. 

Several requirements are necessary to make a contract 
complete, (i) The parties to a contract must be com¬ 
petent to enter into such agreements. An infant may 
make contracts with his parent’s consent, but he cannot 
in all cases be compelled to observe them. Insane per¬ 
sons are not competent to make contracts. (2) A con¬ 
tract must always involve a consideration, that is, each 
party to the agreement must perform some service; for 
when one party only does this he makes a gift and this 
involves no legal obligation on the part of the recipient. 
Promissory notes must contain the words “ for value 
received,” or the promise cannot be enforced. (3) The 
parties to a contract must at the time it is made agree 
upon its terms. Disputes may arise at a later time con¬ 
cerning the meaning of the contract, and courts are con¬ 
stantly busy settling such disputes. A contract made 
by the use of force or fraud is void; so also is one that 
involves the doing of an act that is illegal or impossible. 

Public Wrongs.—In the discussion of private rights, 
numerous instances were given of wrongs, or the viola- 


204 


THE NATIONAL GOVERNMENT. 


tion of these rights. If such a wrong injures an indi¬ 
vidual only, it is private; if, however, the wrongful act 
is directed against the state, or if its consequences go 
beyond the individual against whom it is directed and 
endanger the public safety or welfare, then it is a public 
wrong. Such wrongs are called crimes, and they are 
classified under the heads treason, felony, and misde¬ 
meanor. 

The United States Constitution says (Article III, 
Section 3), Treason against the United States shall con¬ 
sist only in levying war against them, or in adhering to 
their enemies, giving them aid and comfort. 

Among the most serious felonies is homicide, which 
includes murder, or the intentional killing of a person, 
and manslaughter, when the killing is “ without malice 
aforethought.” Many other crimes, such as arson, bur¬ 
glary, embezzlement, perjury, bribery, and conspiracy, 
are also felonies. 

It will be noticed that a criminal act may cause a pri¬ 
vate injury, which entitles the wronged person to recover 
damages, and at the same time a public injury; in this 
case it is the duty of the prosecuting officers to cause the 
arrest and punishment of the criminal. If no public 
injury is involved, the wronged party may still by civil 
action obtain redress for the wrong. 

REFERENCES. 

Dole’s Talks about Law and Robinson’s Elementary Law are 
useful manuals containing exact definitions and fuller dis¬ 
cussion of the topics of this chapter. 


APPENDIX. 








APPENDIX A 


CONSTITUTION 

OF THE 

UNITED STATES OF AMERICA 

We the people of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquillity, provide for the 
common defense, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish this 
Constitution for the United States of America. 

ARTICLE I. 

Section I . All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate and a 
House of Representatives. 

Sect. II. i. The House of Representatives shall be composed of 
members chosen every second year by the people of the several States, 
and the electors in each State shall have the qualifications requisite for 
electors of the most numerous branch of the State Legislature. 

2. No person shall be a Representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of that 
State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according to 
their respective numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to service for a 

207 



2o8 


APPENDIX A. 


term of years, and excluding Indians not taxed, three fifths of all other 
persons. The actual enumeration shall be made within three years 
after the first meeting of the Congress of the United States, and within 
every subsequent term of ten years, in such manner as they shall by 
law direct. The number of Representatives shall not exceed one for 
every thirty thousand, but each State shall have at least one representa¬ 
tive ; and until such enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three, Massachusetts eight, 
Rhode Island and Providence Plantations one, Connecticut five. New 
York six, New Jersey four, Pennsylvania eight, Delaware one, Mary¬ 
land six, Virginia ten. North Carolina five. South Carolina five, and 
Georgia three. 

4. When vacancies happen in the representation from any State, 
the Executive authority thereof shall issue writs of election to fill such 
vacancies. 

5. The House of Representatives shall choose their Speaker and 
other officers ; and shall have the sole power of impeachment. 

Sect. III. i. The Senate of the United States shall be composed 
of two Senators from each State, chosen by the legislature thereof, for 
six years; and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally, as may be into three 
classes. The seats of the Senators of the first class shall be vacated at 
the expiration of the second year, of the second class at the expiration 
of the fourth year, and of the third class at the expiration of the sixth 
year, so that one third may be chosen every second year; and if 
vacancies happen by resignation or otherwise, during the recess of the 
legislature of any State, the Executive thereof may make temporary 
appointments until the next meeting of the legislature, which shall then 
fill such vacancies. 

3. No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of that State for 
which he shall be chosen. 

4. The Vice-President of the United States shall be President of the 
Senate, but shall have no vote, unless they be equally divided. 


CONSTITUTION OF THE UNITED STATES. 209 


5. The Senate shall choose their other officers, and also a President 
pro tempore^ in the absence of the Vice-President, or when he shall 
exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside: and no person shall be convicted without the concur¬ 
rence of two thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any office 
of honor, trust or profit under the United States: but the party con¬ 
victed shall nevertheless be liable and subject to indictment, trial, judg¬ 
ment and punishment, according to law. 

Sect. IV. i. The times, places and manner of holding elections 
for Senators and Representatives shall be prescribed in each State by 
the legislature thereof ; but the Congress may at any time by law 
make or alter such regulations, except as to the places of choosing 
Senators. 

2. The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall by 
law appoint a different day. 

Sect. V. i. Each house shall be the judge of the elections, returns 
and qualifications of its own members, and a majority of each shall con¬ 
stitute a quorum to do business; but a smaller number may adjourn 
from day to day, and may be authorized to compel the attendance of 
absent members, in such manner, and under such penalties, as each 
house may provide. 

2. Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and with the concurrence of two 
thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and from time 
to time publish the same, excepting such parts as may in their judgment 
require secrecy; and the yeas and nays of the members of either house 
on any question shall, at the desire of one fifth of those present, be 
entered on the journal. 

4. Neither house, during the session of Congress, shall, without the 


210 


APPENDIX A. 


consent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. 

Sect. VI. i. The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law and paid out 
of the treasury of the United States. They shall in all cases except 
treason, felony and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective houses, and 
in going to and returning from the same; and for any speech or debate 
in either house, they shall not be questioned in any other place. 

2. No Senator or Representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of the 
United States, which shall have been created, or the emoluments 
whereof shall have been increased, during such time; and no person 
holding any office under the United States shall be a member of either 
house during his continuance in office. 

Sect. VII. i. All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose or concur with 
amendments as on other bills. 

2. Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it become a law, be presented to the 
President of the United States; if he approve he shall sign it, but if 
not he shall return it with his objections to that house in which it shall 
have originated, who shall enter the objections at large on their journal, 
and proceed to reconsider it. If after such reconsideration two thirds 
of that house shall agree to pass the bill, it shall be sent, together with 
the objections, to the other house, by which it shall likewise be recon¬ 
sidered, and, if approved by two thirds of that house, it shall become a 
law. But in all such cases the votes of both houses shall be determined 
by yeas and nays, and the names of the persons voting for and against 
the bill shall be entered on the journal of each house respectively. If 
any bill shall not be returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, the same shall be a 
law, in like manner as if he had signed it, unless the Congress by their 
adjournment prevent its return, in which case it shall not be a law. 

3. Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except on a 


CONSTITUTION OF THE UNITED STATES. 211 


question of adjournment) shall be presented to the President of the 
United States; and before the same shall take effect, shall be approved 
by him, or being disapproved by him, shall be repassed by two thirds 
of the Senate and House of Representatives, according to the rules and 
limitations prescribed in the case of a bill. 

Sect. VIII. The Congress shall have power 

1. To lay and collect taxes, duties, imposts, and excises, to pay the 
debts and provide for the common defense and general welfare of the 
United States; but all duties, imposts and excises shall be uniform 
throughout the United States; 

2. To borrow money on the credit of the United States ; 

3. To regulate commerce with foreign nations, and among the several 
States, and with the Indian tribes; 

4. To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States ; 

5. To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

7. To establish post offices and post roads; 

8. To promote the progress of science and useful arts by securing 
for limited times to authors and inventors the exclusive right to their 
respective writings and discoveries ; 

9. To constitute tribunals inferior to the Supreme Court; 

10. To define and punish piracies and felonies committed on the 
high seas and offences against the law of nations; 

11. To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

12. To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years; 

13. To provide and maintain a navy; 

14. To make rules for the government and regulation of the land 
and naval forces; 

15. To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections, and repel invasions; 

16. To provide for organizing, arming and disciplining the militia, 


212 


APPENDIX A. 


and for governing such part of them as may be employed in the service 
of the United States, reserving to the States respectively the appoint¬ 
ment of the officers, and the authority of training the militia according 
to the discipline prescribed by Congress ; 

17. To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession of 
particular States, and the acceptance of Congress, become the seat 
of government of the United States, and to exercise like authority over 
all places purchased by the consent of the legislature of the State, in 
which the same shall be, for the erection of forts, magazines, arsenals, 
dockyards, and other needful buildings; — and 

18. To make all laws which shall be necessary and proper for carry¬ 
ing into execution the foregoing powers, and all other powers vested 
by this Constitution in the government of the United States, or in any 
department or office thereof. 

Sect. IX. i. The migration or importation of such persons as any 
of the States now existing shall think proper to admit shall not be pro¬ 
hibited by the Congress prior to the year one thousand eight hundred 
and eight; but a tax or duty may be imposed on such importation, not 
exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation, or other direct, tax shall be laid, unless in propor¬ 
tion to the census or enumeration herein before directed to be taken. 

5. No tax or duty shall be laid on articles exported from any State. 

6. No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another: nor shall 
vessels bound to, or from, one State, be obliged to enter, clear, or pay 
duties in another. 

7. No money shall be drawn from the treasury, but in consequence 
of appropriations made by law; and a regular statement and account of 
the receipts and expenditures of all public money shall be published 
from time to time. 

8. No title of nobility shall be granted by the United States : and no 


CONSTITUTION OF THE UNITED STATES. 213 


person holding any office of profit or trust under them, shall, without 
the consent of the Congress, accept of any present, emolument, office, 
or title, of any kind whatever, from any king, prince, or foreign state. 

Sect. X. i. No State shall enter into any treaty, alliance, or con¬ 
federation ; grant letters of marque and reprisal; coin money; emit bills 
of credit; make anything but gold and silver coin a tender in payment 
of debts ; pass any bill of attainder, ex post facto law, or law impairing 
the obligation of contracts, or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay any im¬ 
posts or duties on imports or exports, except what may be absolutely 
necessary for executing its inspection laws: and the net produce of all 
duties and imposts, laid by any State on imports or exports, shall be 
for the use of the treasury of the United States ; and all such laws shall 
be subject to the revision and control of the Congress. 

3. No State shall, without the consent of Congress, lay any duty of 
tonnage, keep troops, or ships of war in time of peace, enter into any 
agreement or compact with another State, or with a foreign power, or 
engage in war, unless actually invaded, or in such imminent danger as 
will not admit of delay. 


ARTICLE II. 

Section I. i. The executive power shall be vested in a President 
of the United States of America. He shall hold his office during the 
term of four years, and together with the Vice-President, chosen for the 
same term, be elected as follows: 

2. Each State shall appoint, in such manner as the legislature thereof 
may direct, a number of electors, equal to the whole number of Senators 
and Representatives to which the State may be entitled in the Con¬ 
gress ; but no Senator or Representative, or person holding an office of 
trust or profit under the United States, shall be appointed an elector. 

[The electors shall meet in their respective States, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of the 
same State with themselves. And they shall make a list of all the 
persons voted for, and of the number of votes for each ; which list they 
shall sign and certify, and transmit sealed to the seat of government of 
the United States, directed to the President of the Senate. The Presi- 


214 


APPENDIX A. 


dent of the Senate shall, in the presence of the Senate and House of 
Representatives, open all the certificates, and the votes shall then be 
counted. The person having the greatest number of votes shall be the 
President, if such number be a majority of the whole number of electors 
appointed; and if there be more than one who have such majority, and 
have an equal number of votes, then the House of Representatives shall 
immediately choose by ballot one of them for President; and if no 
person have a majority, then from the five highest on the list the said 
house shall in like manner choose the President. But in choosing the 
President the votes shall be taken by States, the representation from 
each State having one vote; a quorum for this purpose shall consist of 
a member or members from two thirds of the States, and a majority 
of all the States shall be necessary to a choice. In every case, after the 
choice of the President, the person having the greatest number of votes 
of the electors shall be the Vice-President. But if there should remain 
two or more who have equal votes, the Senate shall choose from them 
by ballot the Vice-President.] 

3. The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes; which day shall be 
the same throughout the United States. 

4. No person except a natural born citizen, or a citizen of the United 
States, at the time of the adoption of this Constitution, shall be eligible 
to the office of President; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty-five years, and 
been fourteen years a resident within the United States. 

5. In case of the removal of the President from office or of his 
death, resignation, or inability to discharge the powers and duties of 
the said office, the same shall devolve on the Vice-President, and the 
Congress may by law provide for the case of removal, death, resigna¬ 
tion, or inability, both of the President and Vice-President, declaring 
what officer shall then act as President, and such officer shall act ac¬ 
cordingly, until the disability be removed, or a President shall be 
elected. 

6. The President shall, at stated times, receive for his services, a 
compensation, which shall neither be increased nor diminished during 
the period for which he shall have been elected, and he shall not re- 


CONSTITUTION OF THE UNITED STATES. 215 


ceive within that period any other emolument from the United States, 
or any of them. 

7. Before he enter on the execution of his office, he shall take the 
following oath or affirmation : — “I do solemnly swear (or affirm) that 
I will faithfully execute the office of President of the United States, 
and will to the best of my ability, preserve, protect and defend the 
Constitution of the United States.” 

Sect. II. i. The President shall be commander in chief of the 
army and navy of the United States, and of the militia of the several 
states, when called into the actual service of the United States ; he may 
require the opinion, in writing, of the principal officer in each of the 
executive departments, upon any subject relating to the duties of their 
respective offices, and he shall have power to grant reprieves and 
pardons for offenses against the United States, except in cases of im¬ 
peachment. 

2. He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two thirds of the Senators present 
concur; and he shall nominate, and by and with the advice and con¬ 
sent of the Senate, shall appoint ambassadors, other public ministers 
and consuls, judges of the Supreme Court, and all other officers of the 
United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law: but the Congress may by 
law vest the appointment of such inferior officers, as they think proper, in 
the President alone, in the courts of law, or in the heads of departments. 

3. The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions which 
shall expire at the end of their next session. 

Sect. III. He shall from time to time give to the Congress infor¬ 
mation of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient; he may, on 
extraordinary occasions, convene both houses, or either of them, and 
in case of disagreement between them, with respect to the time of ad¬ 
journment, he may adjourn them to such time as he shall think proper; 
he shall receive ambassadors and other public ministers; he shall take 
care that the laws be faithfully executed, and shall commission all the 
officers of the United States. 


2i6 


APPENDIX A. 


Sect. IV. The President, Vice-President and all civil officers of 
the United States, shall be removed from office on impeachment for, 
and conviction of, treason, bribery, or other high crimes and misde¬ 
meanors. 


ARTICLE III. 

Section I. The judicial power of the United States, shall be vested 
in one Supreme Court, and in such inferior courts as Congress may 
from time to time ordain and establish. The judges, both of the 
Supreme and inferior courts, shall hold their offices during good be¬ 
havior, and shall, at stated times, receive for their services, a compen¬ 
sation, which shall not be diminished during their continuance in office. 

Sect. II. i. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the United 
States, and treaties made or which shall be made, under their authority ; 

— to all cases affecting ambassadors, other public ministers and con¬ 
suls;— to all cases of admiralty jurisdiction; — to controversies to 
which the United States shall be a party; — to controversies between 
two or more States ; — between a State and citizens of another State ; 

— between citizens of different States;—between citizens of the same 
State claiming lands under grants of different States, and between a 
State, or the citizens thereof, and foreign states, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme Court 
shall have original jurisdiction. In all the other cases before men¬ 
tioned, the Supreme Court shall have appellate jurisdiction, both as to 
law and fact, with such exceptions, and under such regulations as the 
Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said crimes 
shall have been committed; but when not committed within any State, 
the trial shall be at such place or places as the Congress may by law 
have directed. 

Sect. III. i. Treason against the United States shall consist only 
in levying war against them, or in adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of treason unless 


CONSTITUTION OF THE UNITED STATES. 21/ 


on the testimony of two witnesses to the same overt act, or on confes¬ 
sion in open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood, or 
forfeiture except during the life of the person attainted. 


ARTICLE IV. 

Section I. Full faith and credit shall be given in each State to the 
public acts, records, and judicial proceedings of every other State. 
And the Congress may by general laws prescribe the manner in which 
such acts, records, and proceedings shall be proved, and the effect 
thereof. 

Sect. II. i. The citizens of each State shall be entitled to all priv¬ 
ileges and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, shall 
on demand of the executive authority of the State from which he fled, 
be delivered up, to be removed to the State having jurisdiction of the 
crime. 

3. No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or reg¬ 
ulation therein, be discharged from such service or labor, but shall be 
delivered up on claim of the party to whom such service or labor may 
be due. 

Sect. III. i. New States may be admitted by the Congress into 
this Union; but no new State shall be formed or erected within the 
jurisdiction of any other State; nor any State be formed by the junc¬ 
tion of two or more States, or parts of States, without the consent of 
the legislatures of the States concerned as well as of the Congress. 

2. The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property belong¬ 
ing to the United States; and nothing in this Constitution shall be so 
construed as to prejudice any claims of the United States, or of any 
particular State. 

Sect. IV. The United States shall guarantee to every State in this 


2I8 


APPENDIX A. 


Union a republican form of government, and shall protect each of them 
against invasion; and on application of the legislature, or of the exec¬ 
utive (when the legislature cannot be convened) against domestic vio¬ 
lence. 


ARTICLE V. 

The Congress, whenever two thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the legislatures of two thirds of the several States, shall 
call a convention for proposing amendments, which, in either case shall 
be valid to all intents and purposes, as part of this Constitution, when 
ratified by the legislatures of three fourths of the several States, or by 
conventions in three fourths thereof, as the one or the other mode of 
ratification may be proposed by the Congress ; provided that no amend¬ 
ments which may be made prior to the year one thousand eight hun¬ 
dred and eight shall in any manner affect the first and fourth clauses in 
the ninth section of the first article; and that no State, without its 
consent, shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

1. All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

2. This Constitution, and the laws of the United States which shall 
be made in pursuance thereof; and all treaties made, or which shall be 
made, under the authority of the United States, shall be the supreme 
law of the land; and the judges in every State shall be bound thereby, 
anything in the Constitution or laws of any State to the contrary not¬ 
withstanding. 

3. The Senators and Representatives before mentioned, and the 
members of the several State legislatures, and all executive and judi¬ 
cial officers, both of the United States and of the several States, shall 
be bound by oath or affirmation, to support this Constitution; but no 
religious test shall ever be required as a qualification to any office or 
public trust under the United States. 


CONSTITUTION OF THE UNITED STATES. 219 


ARTICLE VII. 

The ratification of the conventions of nine States, shall be sufficient 
for the establishment of this Constitution between the States so rati¬ 
fying the same. 

Done in Convention by the unanimous consent of the States present, 
the seventeenth day of September in the year of our Lord one thou¬ 
sand seven hundred and eighty-seven and of the Independence of 
the United States of America the twelfth. In witness whereof we 
have hereunto subscribed our names. 


[Signed by] 

New Hampshire. 
John Langdon, 
Nicholas Gilman. 

Massachusetts. 
Nathaniel Gorham, 
Rufus King. 

Connecticut. 
Wm. Sami. Johnson, 
Roger Sherman. 

New York. 
Alexander Hamilton. 

New Jersey. 
Wil: Livingston, 
David Brearley, 

Wm : Paterson, 

Jona: Dayton. 


G° Washington, 

Presidt atid Deputy from Virginia 
Virginia. 


Pennsylvania. 
B Franklin, 

Thomas Mifflin, 
Robt. Morris, 

Geo. Clymer, 

Tho. Fitz Simons, 
Jared Ingersoll, 
James Wilson, 
Gouv Morris. 

Delaware. 
Geo: Read, 
Gunning Bedford, 
Jun, 

John Dickinson, 
Richard Bassett, 
Jaco: Broom, 


John Blair, 

James Madison, Jr. 

North Carolina. 
Wm. Blount, 

Richd. Dobbs Spaight, 
Hu Williamson. 

South Carolina. 

J. Rutledge, 

Charles Cotesworth 
Pinckney. 

Charles Pinckney, 
Pierce Butler. 

Georgia. 
William P'ew, 

Abr Baldwin. 


Maryland. 

James McHenry, 

Dan of St. Thos. 

Jenifer, 

Danl Carroll. 

Attest: William Jackson, Secretary. 


220 


APPENDIX A. 


Articles in Addition to and Amendment of the Constitution 
OF THE United States of America, Proposed by Congress, 
and Ratified by the Legislatures of the Several States, 
pursuant to the Fifth Article of the Original Constitu¬ 
tion. 

Article I. — Congress shall make no law respecting an establish¬ 
ment of religion, or prohibiting the free exercise thereof; or abridging 
the freedom of speech, or of the press; or the right of the people 
peaceably to assemble and to petition the government for a redress of 
grievances. 

Article II. — A well-regulated militia, being necessary to the se¬ 
curity of a free State, the right of the people to keep and bear arms, 
shall not be infringed. 

Article III. — No soldier shall, in time of peace be quartered in 
any house without the consent of the owner, nor in time of war, but in 
a manner to be prescribed by law. 

Article IV. — The right of the people to be secure in their per¬ 
sons, houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated, and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or things to be 
seized. 

Article V. — No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or indictment of a 
grand jury except in cases arising in the land or naval forces, or in the 
militia, when in actual service in time of war or public danger; nor shall 
any person be subject for the same offense to be twice put in jeopardy 
of life or limb ; nor shall be compelled in any criminal case to be a wit¬ 
ness against himself, nor be deprived of life, liberty, or property, without 
due process of law; nor shall private property be taken for public use 
without just compensation. 

Article VI. — In all criminal prosecutions the accused shall enjoy 
the right to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which dis¬ 
trict shall have been previously ascertained by law, and to be informed 
of the nature and cause of the accusation; to be confronted with the 


CONSTITUTION OF THE UNITED STATES. 


221 


witnesses against him; to have compulsory process for obtaining wit¬ 
nesses in his favor, and to have the assistance of counsel for his defense. 

Article VII. —In suits at common law, where the value in contro¬ 
versy shall exceed twenty dollars, the right of trial by jury shall be pre¬ 
served, and no fact tried by a jury shall be otherwise reexamined in 
any court of the United States, than according to the rules of the com¬ 
mon law. 

Article VIII. — Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments inflicted. 

Article IX. —The enumeration in the Constitution, of certain 
rights, shall not be construed to deny or disparage others retained by 
the people. 

Article X. — The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

Article XI. — The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, commenced or prose¬ 
cuted against one of the United States by citizens of another State, or 
by citizens or subjects of any foreign state. 

Article XII. — i. The electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, one of whom, at 
least, shall not be an inhabitant of the same State with themselves; 
they shall name in their ballots the person voted for as President, and 
in distinct ballots the person voted for as Vice-President, and they shall 
make distinct lists of all persons voted for as President, and of all per¬ 
sons voted for as Vice-President, and of the number of votes for each, 
which lists they shall sign and certify, and transmit sealed to the 
seat of government of the United States, directed to the President of 
the Senate; —the President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates and the 
votes shall then be counted ; — the person having the greatest number 
of votes for President shall be the President, if such number be a 
majority of the whole number of electors appointed; and if no person 
have such majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the 


s 


222 


APPENDIX A. 


President. But in choosing the President, the votes shall be taken by 
States, the representation from each State having one vote; a quorum 
for this purpose shall consist of a member or members from two thirds 
of the States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a Presi¬ 
dent whenever the right of choice shall devolve upon them, before the 
fourth day of March next following, then the Vice-President shall act as 
President, as in the case of the death or other constitutional disability 
of the President. — The person having the greatest number of votes 
as Vice-President, shall be the Vice-President, if such number be a 
majority of the whole number of electors appointed, and if no person 
have a majority, then from the two highest numbers on the list, the 
Senate shall choose the Vice-President; a quorum for the purpose shall 
consist of two thirds of the whole number of Senators, and a majority 
of the whole number shall be necessary to a choice. But no person 
constitutionally ineligible to the office of President shall be eligible to 
that of Vice-President of the United States. 

Article XIII.—Section i. Neither slavery nor involuntary servi¬ 
tude, except as a punishment for crime whereof the party shall have 
been duly convicted, shall exist within the United States, or any place 
subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article by 
appropriate legislation. 

Article XIV. —Section i. All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No State shall 
make or enforce any law which shall abridge the privileges or immunities 
of citizens of the United States ; nor shall any State deprive any person 
of life, liberty, or property, without due process of law; nor deny to any 
person within its jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole num¬ 
ber of persons in each State, excluding Indians not taxed. But when 
the right to vote at any election for the choice of Electors for President 
and Vice-President of the United States, Representatives in Congress, 
the executive and judicial officers of a State, or the members of the 


CONSTITUTION OF THE UNITED STATES. 223 


legislature thereof, is denied to any of the male inhabitants of such 
State, being twenty-one years of age and citizens of the United States, 
or in any way abridged, except for participation in rebellion, or other 
crime, the basis of representation therein shall be reduced in the pro¬ 
portion which the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such State. 

Section 3. No person shall be a Senator or Representative in 
Congress, or Elector of President and Vice-President, or hold any 
office, civil or military, under the United States, or under any State, 
who, having previously taken an oath, as a member of Congress, or as 
an officer of the United States, or as a member of any State legislature, 
or as an executive or judicial officer of any State, to support the Con¬ 
stitution of the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the enemies 
thereof. But Congress may by a vote of two thirds of each house, 
remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any State shall 
assume or pay any debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or any claim for the loss or emanci¬ 
pation of any slave; but all such debts, obligations, and claims shall be 
held illegal and void. 

Section 5. The Congress shall have power to enforce by appropriate 
legislation the provisions of this article. 

Article XV.—Section i. The right of citizens of the United 
States to vote shall not be denied or abridged by the United States or 
any State on account of race, color, or previous condition of servitude. 

Section 2. The Congress s.hall have power to enforce this article by 
appropriate legislation. 


APPENDIX B 


ARTICLES OF CONFEDERATION 

Articles of Co 7 ifederation and Perpetual Unioit between the States of 
New Hampshire^ Massachusetts Bay^ Rhode Islajid and Providence 
Plantations^ Comiecticut^ New York^ New Jersey^ Pennsylvania^ 
Delaware^ Maryland^ Virginia^ North Carolina, South Carolina, 
and Georgia. 

Article I. — The style of this Confederacy shall be, “The United 
States of America.” 

Art. II. — Each State retains its sovereignty, freedom, and inde¬ 
pendence, and every power, jurisdiction, and right, which is not by this 
Confederation expressly delegated to the United States in Congress 
assembled. 

Art. III. — The said States hereby severally enter into a firm league 
of friendship with each other, for their common defense, the security of 
their liberties, and their mutual and general welfare, binding themselves 
to assist each other against all force offered to, or attacks made upon 
them, or any of them, on account of religion, sovereignty, trade, or any 
other pretense whatever. 

Art. IV. — The better to secure and perpetuate mutual friendship 
and intercourse among the people of the different States in this Union, 
the free inhabitants of each of these States, paupers, vagabonds, and 
fugitives from justice excepted, shall be entitled to all privileges and 
immunities of free citizens in the several States; and the people of 
each State shall have free ingress and egress to and from any other 
State, and shall enjoy therein all the privileges of trade and commerce 
subject to the same duties, impositions, and restrictions as the inhabit¬ 
ants thereof respectively; provided that such restrictions 'shall not 


224 


ARTICLES OF CONFEDERATION. 


225 


extend so far as to prevent the removal of property imported into any 
State to any other State of which the owner is an inhabitant; provided 
also, that no imposition, duties, or restriction shall be laid by any State 
on the property of the United States or either of them. If any person 
guilty of, or charged with, treason, felony, or other high misdemeanor 
in any State shall flee from justice and be found in any of the United 
States, he shall, upon demand of the governor or executive power of 
the States from which he fled, be.delivered up and removed to the State 
having jurisdiction of his offense. Full faith and credit shall be given 
in each of these States to the records, acts, and judicial proceedings of 
the courts and magistrates of every other State. 

Art. V. — For the more convenient management of the general in¬ 
terests of the United States, delegates shall be annually appointed in 
such manner as the Legislature of each State shall direct, to meet 
in Congress on the first Monday in November in every year with a 
power reserved to each State to recall its delegates, or any of them, at 
any time within the year, and to send others in their stead for the 
remainder of the year. No State shall be represented in Congress by 
less than two, nor by more than seven members; and no person shall 
be capable of being a delegate for more than three years in any term 
of six years ; nor shall any person, being a delegate, be capable of hold¬ 
ing any office under the United States for which he, or another for his 
benefit, receives any salary, fees, or emolument of any kind. Each 
State shall maintain its own delegates in any meeting of the States and 
while they act as members of the Committee of the States. In deter¬ 
mining questions in the United States in Congress assembled, each 
State shall have one vote. Freedom of speech and debate in Congress 
shall not be impeached or questioned in any court or place out of Con¬ 
gress ; and the members of Congress shall be protected in their persons 
from arrest and imprisonment during the time of their going to and 
from, and attendance on. Congress, except for treason, felony, or breach 
of the peace. 

Art. VI. — No State, without the consent of the United States, in 
Congress assembled, shall send any embassy to, or receive any embassy 
from, or enter into any conference, agreement, alliance, or treaty with 
any king, prince, or state; nor shall any person holding any office of 


226 


APPENDIX B. 


profit or trust under the United States, or any of them, accept of any 
present, emolument, office, or title of any kind whatever from any king, 
prince, or foreign state ; nor shall the United States, in Congress assem¬ 
bled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, confederation, or 
alliance whatever between them, without the consent of the United 
States, in Congress assembled, specifying accurately the purposes for 
which the same is to be entered into, and how long it shall continue. 

No State shall lay any imposts or duties which may interfere with 
any stipulations in treaties entered into by the United States, in Con¬ 
gress assembled, with any king, prince, or state, in pursuance of any 
treaties already proposed by Congress to the courts of France and Spain. 

No vessels of war shall be kept up in time of peace by any State, 
except such number only as shall be deemed necessary by the United 
States, in Congress assembled, for the defense of such State or its 
trade, nor shall any body of forces be kept up by any State in time of 
peace, except such number only as, in the judgment of the United 
States, in Congress assembled, shall be deemed requisite to garrison 
the forts necessary for the defense of such State; but every State shall 
always keep up a well-regulated and disciplined militia, sufficiently 
armed and accoutered, and shall provide and constantly have ready for 
use in public stores a due number of field-pieces and tents, and a proper 
quantity of arms, ammunition, and camp equipage. 

No State shall engage in any war without the consent of the United 
States, in Congress assembled, unless such State be actually invaded 
by enemies, or shall have received certain advice of a resolution being 
formed by some nation of Indians to invade such State, and the danger 
is so imminent as not to admit of a delay till the United States, in Con¬ 
gress assembled, can be consulted ; nor shall any State grant commissions 
to any ships or vessels of war, nor letters of marque or reprisal, except 
it be after a declaration of war by the United States, in Congress 
assembled, and then only against the kingdom or state, and the subjects 
thereof, against which war has been so declared, and under such regula¬ 
tions as shall be established by the United States, in Congress assem¬ 
bled, unless such State be infested by pirates, in which case vessels of 
war may be fitted out for that occasion, and kept so long as the danger 


ARTICLES OF CONFEDERATION. 227 

shall continue, or until the United States, in Congress assembled, shall 
determine otherwise. 

Art. VII. —When land forces are raised by any State for the com¬ 
mon defense, all officers of or under the rank of Colonel shall be 
appointed by the Legislature of each State respectively by whom such 
forces shall be raised, or in such manner as such State shall direct, and 
all vacancies shall be filled up by the State which first made the 
appointment. 

Art. VIII. — All charges of war, and all other expenses that shall 
be incurred for the common defense, or general welfare, and allowed by 
the United States, in Congress assembled, shall be defrayed out of a 
common treasury, which shall be supplied by the several States in pro¬ 
portion to the value of all land within each State, granted to, or sur¬ 
veyed for, any person, as such land and the buildings and improvements 
thereon shall be estimated, according to such mode as the United States, 
in Congress assembled, shall, from time to time, direct and appoint. 
The taxes for paying that proportion shall be laid and levied by the 
authority and direction of the Legislatures of the several States, within 
the time agreed upon by the United States, in Congress assembled. 

Art. IX. — The United States, in Congress assembled, shall have 
the sole and exclusive right and power of determining on peace and 
war, except in the cases mentioned in the sixth Article; of sending and 
receiving ambassadors; entering into treaties and alliances, provided 
that no treaty of commerce shall be made, whereby the legislative power 
of the respective States shall be restrained from imposing such imposts 
and duties on foreigners as their own people are subjected to, or from 
prohibiting the exportation or importation of any species of goods or 
commodities whatever; of establishing rules for deciding, in all cases, 
what captures on land and water shall be legal, and in what manner 
prizes taken by land or naval forces in the service of the United States 
shall be divided or appropriated; of granting letters of marque and 
reprisal in times of peace; appointing courts for the trial of piracies 
and felonies committed on the high seas; and establishing courts for 
receiving and determining finally appeals in all cases of captures; pro¬ 
vided that no member of Congress shall be appointed a judge of any of 
the said courts. 


228 


APPENDIX B. 


The United States, in Congress assembled, shall also be the last 
resort on appeal in all disputes and differences now subsisting, or that 
hereafter may arise between two or more States concerning boundary, 
jurisdiction, or any other cause whatever; which authority shall always 
be exercised in the manner following: Whenever the legislative or 
executive authority, or lawful agent of any State in controversy with 
another, shall present a petition to Congress, stating the matter in ques¬ 
tion, and praying for a hearing, notice thereof shall be given by order 
of Congress to the legislative or executive authority of the other State 
in controversy, and a day assigned for the appearance of the parties by 
their lawful agents, who shall then be directed to appoint, by joint con¬ 
sent, commissioners or judges to constitute a court for hearing and 
determining the matter in question ; but if they cannot agree. Congress 
shall name three persons out of each of the United States, and from the 
list of such persons each party shall alternately strike out one, the peti¬ 
tioners beginning, until the number shall be reduced to thirteen; and 
from that number not less than seven nor more than nine names, as 
Congress shall direct, shall, in the presence of Congress, be drawn out 
by lot; and the persons whose names shall be so drawn, or any five of 
them, shall be commissioners or judges, to hear and finally determine 
the controversy, so always as a major part of the judges who shall hear 
the cause shall agree in the determination; and if either party shall 
neglect to attend at the day appointed, without showing reasons which 
Congress shall judge sufficient, or being present, shall refuse to strike, 
the Congress shall proceed to nominate three persons out of each State, 
and the secretary of Congress shall strike in behalf of such party absent 
or refusing; and the judgment and sentence of the court, to be ap¬ 
pointed in the manner before prescribed, shall be final and conclusive; 
and if any of the parties shall refuse to submit to the authority of such 
court, or to appear or defend their claim or cause, the court shall never¬ 
theless proceed to pronounce sentence or judgment, which shall in like 
manner be final and decisive; the judgment or sentence and other 
proceedings being in either case transmitted to Congress, and lodged 
among the acts of Congress for the security of the parties concerned; 
provided, that every commissioner, before he sits in judgment, shall 
take an oath, to be administered by one of the judges of the supreme 


ARTICLES OF CONFEDERATION. 


229 


or superior court of the State where the cause shall be tried, “ well and 
truly to hear and determine the matter in question, according to the 
best of his judgment, without favor, affection, or hope of reward.” 
Provided, also, that no State shall be deprived of territory for the 
benefit of the United States. 

All controversies concerning the private right of soil claimed under 
different grants of two or more States, whose jurisdictions, as they may 
respect such lands, and the States which passed such grants are ad¬ 
justed, the said grants or either of them being at the same time claimed 
to have originated antecedent to such settlement of jurisdiction, shall, 
on the petition of either party to the Congress of the United States, 
be finally determined, as near as may be, in the same manner as is 
before prescribed for deciding disputes respecting territorial jurisdiction 
between different States. 

The United States, in Congress assembled, shall also have the sole 
and exclusive right and power of regulating the alloy and value of coin 
struck by their own authority, or by that of the respective States ; fixing 
the standard of weights and measures throughout the United States; 
regulating the trade and managing all affairs with the Indians, not 
members of any of the States; provided that the legislative right of 
any State, within its own limits, be not infringed or violated ; establish¬ 
ing and regulating post offices from one State to another, throughout 
all the United States, and exacting such postage on the papers passing 
through the same as may be requisite to defray the expenses of the said 
office; appointing all officers of the land forces in the service of the 
United States, excepting regimental officers; appointing all the officers 
of the naval forces, and commissioning all officers whatever in the ser¬ 
vice of the United States; making rules for the government and reg¬ 
ulation of the said land and naval forces, and directing their operations. 

The United States, in Congress assembled, shall have authority to 
appoint a committee, to sit in the recess of Congress, to be denomi¬ 
nated “A Committee of the States,” and to consist of one delegate 
from each State, and to appoint such other committees and civil offi¬ 
cers as may be necessary for managing the general affairs of the 
United States under their direction; to appoint one of their number to 
preside; provided that no person be allowed to serve in the office of 


o 


APPIIXDIX B. 


pregrtaer: znore 



txr»£iiss5: to i:*arroir znpzitj or enh tEHs on zht crecr: of lit U nhfd 
-S —~~~£ ererj jetr to "it respenfr-t Stztes 2:t accot^ii 
of tbf stztLS of rjjnej so iwtrrovec or enfrief: to b:£id znt egtnp a 
hett ; to tile nmnif^ ol lane lorcss. and. to itiat-t rtrotnsi- 

udzls fri‘Zn eact State for its goota. in propordoi: to the tittnier of irdiie 
ittbabhants n sacd State. 'Ppicb regti^tn st a7 be bluing: and 
"dieretn'n the negtslartte of eacn State shall appottt tite reittnertal 
oncers, raise the ttien. 2nd oothe. am. arid egtzn tbetr it a sojdier- 
Hke natner. at tne einense of the United States: and tbe oncers and 
men so clotned. amed. and egtdpted sb aZi march to tne plac^ appointed, 
and frithin the tine 2Lgr-tz:d on bj the United States, in Congres as- 
setnbjed; but if the United States, in Congress assenbied. shaTL on 
consaderanon of cdrcnmsnnces. hjc^e trooer that anr State sbotdd nod 


_T ^ 


rsise r:>ei^ or zl 

anr cither State ^tohld raise a greater 


c: than 


Its onota. anc tr.21 


ttitn the qnota 


um ber of m 

ihereod sach extra number shall be raised- oncered. ciothesL armed, and 
equipped in the sane manner zs the gnota of such S'mte. unjess tiie 
Legislature of snei State shaL rodge that such esnra number can not 
be safeij spared oat of the saute in iriacii case tbej shall raise, oncer, 
ciothfc. arm. and equip as mauj of sadb extra number as ther ridge 
ca r be safeuT stored, and tbe oncers and men so ciotbed- amed. and 
equipped shah march to the place appointed, and •within the rny- agreed 
on bj the United States, in Congress assembled.. 

The United States, in Congress assembled- shall never engage in a 
■war. nor grant letters of marqne and reprisal in time of peaces, nor 
enter into anj treaties or alnances. nor coin ntonej. nor regulate tlae 
vaine thereon nor ascertain ti<e sums and expense* neoessan- for tbe 
defense and -welfare of tbe United States, or anj of tbemu nor emh 
bills, nor borrow monej on tbe cretnt of tbe United States- nor j^jpro- 
priate mkonej. nor agrese upon tbe number of vessels of -war to be btdh 
or purchased- or ^ number of land or sea forces to be raised, nor ap- 
pednt a commander in chief of tlae arm v or narj, unless nine States 
assent to tbe same, nor inall a qnestioc 00 aoj odaer poinL except for 


























ARTICLES OF CONFEDERATION. 


23^ 


adjourning from day to day, be determined, unless by the votes of a 
majority of the United States, in Congress assembled. 

The Congress of the United States shall have power to adjourn to 
any time within the year, and to any place within the United States, so 
that no period of adjournment be for a longer duration than the space 
of six months, and shall publish the journal of their proceedings 
monthly, except such parts thereof relating to treaties, alliances, or 
militar)- operations as in their judgment require secrecy; and the yeas 
and nays of the delegates of each State, on any question, shall be en¬ 
tered on the journal when it is desired by any delegate; and the dele¬ 
gates of a State, or any of them, at his or their request, shall be fur¬ 
nished with a transcript of the said journal except such parts as are 
above excepted, to lay before the Legislatures of the several States. 

Art. X. — The Committee of the States, or any nine of them, shall 
be authorized to execute, in the recess of Congress, such of the powers 
of Congress as the United States, in Congress assembled, by the con¬ 
sent of nine States, shall, from time to time, think expedient to vest 
them with; provided that no pow’er be delegated to the said Commit¬ 
tee, for the exercise of which, by the Articles of Confederation, the 
voice of nine States in the Congress of the United States assembled is 
requisite. 

Art. XL — Canada, acceding to this Confederation, and joining in 
the measures of the Lmited States shall be admitted into, and entitled 
to all the advantages of this Union; but no other colony shall be 
admitted into the same, unless such admission be agreed to by nine 
States. 

Art. XII. — All bills of credit emitted, moneys borrowed, and debts 
contracted by or under the authority of Congress, before the assembling 
of the United States, in pursuance of the present Confederation, shall 
be deemed and considered as a charge against the United States, for 
payment and satisfaction whereof the said United States and the public 
faith are hereby solemnly pledged. 

Art. XIII. — Every- State shall abide by the determinations of the 
United States, in Congress assembled, on all questions which by this 
Confederation are submitted to them. And the Articles of this Con¬ 
federation shall be inviolably obser\'ed by every' State, and the Union 


232 


APPENDIX B. 


shall be perpetual; nor shall any alteration at any time hereafter be 
made in any of them, unless such alteration be agreed to in a Congress 
of the United States, and be afterwards confirmed by the Legislatures 
of every State. 

And whereas it hath pleased the’ great Governor of the world to 
incline the hearts of the Legislatures we respectively represent in Con¬ 
gress to approve of, and to authorize us to ratify, the said Articles of 
Confederation and perpetual Union, know ye, that we, the undersigned 
delegates, by virtue of the power and authority to us given for that 
purpose, do, by these presents, in the name and in behalf of our re¬ 
spective constituents, fully and entirely ratify and confirm each and 
every of the said Articles of Confederation and perpetual Union, and 
all and singular the matters and things therein contained. And we do 
further solemnly plight and engage the faith of our respective constitu¬ 
ents, that they shall abide by the determinations of the United States, 
in Congress assembled, on all questions which by the said Confeder¬ 
ation are submitted to them; and that the Articles thereof shall be 
inviolably observed by the States we respectively represent, and that 
the Union shall be perpetual. In witness whereof, we have hereunto 
set our hands in Congress. Done at Philadelphia, in the State of 
Pennsylvania, the ninth day of July, in the year of our Lord 1778, and 
in the third year of the Independence of America. 


APPENDIX C. 


REFERENCE BOOKS. 

Alton, Among the Lawmakers^ Scribner. 

Ashley, The Amencan Federal State^ Macmillan. 

Brewer, Americaji Citizenship^ Scribner. 

Brooks, How the Republic is Goverfied^ Scribner. 

Bryce, The American Coitimonwealth^ Macmillan. 

Burgess, The Middle Period^ Scribner. 

Cooley, Prmcipies of Constitutional Law, Little, Brown & Co. 
CoNKLiNG, City Government in the U 7 iited States, Appleton. 

Curtis, The Ujiited States and Foreign Powers, Scribner. 

Devlin, Municipal Refomii m the United States, Putnam. 

Dole, Talks about Law, Houghton, Mifflin & Co. 

Ely, Taxation in Aitterican States and Cities, Crowell. 

Fisher, The Colonial Era, Scribner. 

Fiske, Civil Gover^unent hi the United States, Houghton, Mifflin & Co 
Fiske, Critical Period of Americati History, Houghton, Mifflin & Co. 
Harrison, This Country of Ours, Scribner. 

Hart, Formation of the Union, Longmans, Green & Co. 

Hinsdale, The American Government, Werner School Book Co. 
Holt, Talks on Civics, Macmillan. 

Macy, Our Government, Ginn. 

Newspaper Almanacs. 

Robin.sON, Elementary Law, Little, Brown & Co. 

Sloane, The French War and Revolidion, Scribner. 

Stanwood, History of Presidential Elections, Houghton, Mifflin & Co. 
Thwaites, The Colonies, Longmans, Green & Co. 

Walker, The Making of the Nation, Scribner. 

Wilson, Congressional Government, Houghton, Mifflin & Co. 

Wilson, Division and Reunioii, Longmans, Green & Co. 

Wilson, The State, Heath. 

Wright, Practical Sociology, Longmans, Green & Co. 

.233 




INDEX. 


Administrative departments, city, 20- 
25 - 

Agriculture, department of, 130-151. 
Alaska, 167. 

Albany Congress, 33. 

Amendments to the Constitution, 114, 
chap. 18. 

Annapolis Convention, 40. 

Annapolis Naval Academy, 147. 
Appointment, President’s power of, 
133 - 137 - 

Apportionment of representatives, 53- 

56. 

Appropriations by Congress, 88. 
Arbitration, International, 187. 

Army of the United States, 104-105. 
Articles of Confederation, 37, Appen¬ 
dix B. 

Bank, see National Banks. 
Bankruptcy laws, 99-100. 

Belligerents, 191. 

Bills in Congress, chap. 10. 

Blockades, 193. 

Bonds, National, 88-89. 

Cabinet, chap. 16. 

Cabinet system of government, 182- 
183. 

Capital, location of, 107. 

Census of the United States, 55. 
Charities, 23-24. 

Circuit courts of the United States, 157. 
Citizenship, 98-99. 

City government, chap. 4. 

Civil Rights, 197. 

Civil Service Reform, 136, 139, 140. 


Coins and coinage, 93-94. 

Colonial governments, 32. 

Colonies made States, 144. 

Combatants, 191. 

Commerce, departments of, 151. 

Commerce, power of Congress over, 
89-92. 

Committee on Rules, 75-76. 

Committees of Correspondence, 35. 

Committee system in Congress, chap. 9. 

Confederation, Articles of, see Articles 
of Confederation. 

Conference committees, 79. 

Congress, Continental, 35-37; under 
the Constitution, chap. 7; procedure 
in, chap. 8; sessions of, 62. 

Congress of Paris, 192. 

Constitutional Convention (1787), 
chap. 6; delegates to, 40; compro¬ 
mises, 42-43. 

Constitution of U. S., Appendix A; 
amendments of, chap. 18; origin of, 
47; ratification, 44-45. 

Consuls, 143. 

Contraband of War, 193. 

Contracts, 202. 

Conventions, National, 117. 

Copyright, 103. 

County government, chap. 4. 

Country type of local government, 15- 

16. 

Cuba, 168. 

Debts of U. S., 88-89. 

Declaration of War, 190. 

Diplomatic bureaus, 142. 

District of Columbia, 107. 


235 



INDEX. 


236 

District courts of the U. S., 157. 
Duties, customs, 83-85. 

Electoral Commission, 123. 

Electors, Presidential, 116, 119-122. 
Embargos and Reprisals, 189. 
England, 182-183. 

Executive departments, chap. 16. 

Ex post facto laws, 112. 

Extradition treaties, 187. 

Federal Republics, 179. 

Felonies, 204. 

Finances, National, 83-89. 

France, 180. 

Franchises, 26. 

Free coinage, 94. 

Geneva Convention, 191. 
Gerrymander, 52. 

Gold certificates, 95. 

Grand jury, 162. 

Guardians, 201. 

Habeas Corpus, in. 

Hague Conference, 188. 

Hawaii, 167. 

Health, public, 4, 22-23. 

Homestead law, 170. 

Immigration law, 153. 

Impeachment, 66-67. 

Implied powers of Congress, 108, no. 
Inauguration of President, 127. 
Income taxes, 87. 

Indians, 149-150, 167. 

Indian Territory, 167. 

Interior, department of, 149. 

Internal revenue system, 85-86. 
Irrterstate commerce law, 90-91. 
International Law, nature and origin, 
186. 


Judiciary, National, chap. 16. 
Jurisdiction of U. S. courts, 158-160. 
Jury system, 161-163. 

Justice, department of, 148. 

Lands, public, 169. 

Legal tender, definition, 95. 

Liberty, 200. 

Lobby, 78, 

Local government, chap, i; origin, 
chap. 3. 

Mail matter, classes, loi. 

Marriage relation, 201. 

Mayor, 20. 

Message, President’s, 137. 

Military powers of Congress, 104-107. 
Militia, 106-107. 

Minors, 201. 

Monarchies, 181-183. 

Money of the U. S., 92-96. 

Monroe Doctrine, 194-195. 

Mortgage, 200. 

Municipal government, chap. 4; own¬ 
ership, 27, 31. 

Municipal Law, 197. 

National Banks, 95-96. 
Naturalization, 99. 

Navy, department of, 147; of the 
U. S., 105-106. 

Neutrals, 191. 

New England colonies, 13-15; Con¬ 
federation, 33. 

New Jersey Plan, 42. 

Nobilities, titles of, 112. 

Northwest Territory, 165. 

Ordinance of 1787, 165. 

Pairs, in voting, 80, 

Pardons, 132. 



INDEX. 


237 


Parish, 16. 

Parliament of England, 183. 

Patents, 103. 

Philippines, government of, 167-168. 
Poor, 3. 

Porto Rico, government of, 166. 

Post Office, department of, 148; sys¬ 
tem, 100-102, 109. 

Presidential succession, 126. 

President of U. S., chap. 13, 14; elec¬ 
tion of, 115-125. 

Privateers and Privateering, 192. 
Private Rights, 199. 

Proportional representation, 52. 
Public lands, 169. 

Public Rights, 199. 

Quorum in Congress, 67-69. 

Railroads and interstate commerce, 
90-91. 

Reciprocity Treaties, 187. 

Reform movements, 28, 31. 
Representatives, apportionment of, 
53-56; election of, 51-52; quali¬ 
fications of, 52-53. 

Reprieve, 132. 

Revenue bills in Congress, 87. 

Roads, 2. 

Rural delivery of mail, 101. 

Russia, 184. 

Salaries of Congressmen, 70-71. 
Securities, 199. 

Senate of U. S., 57. 

Senators, qualifications of, 58; elec¬ 
tion of, 59. 

Servants, 202. 

Silver certificates, 95. 

Smuggling, 84. 

Speaker of the House of Representa¬ 
tives, 76-78. 


Spoils system, 135. 

Stamp Act Congress, 34. 

State, department of, 142. 

Streets, 2, 23. 

Subsidiary silver, 94. 

Supervisor system of local govern¬ 
ment, 8. 

Supreme Court of U. S., 157. 

Survey, U. S. Government, 170-174. 
Switzerland, 180-181. 

Tariff, 84-85. 

Taxation, National, 83-89. 

Taxes, direct and indirect, 87. 
Territorial delegates, 56. 

Territories, chap. 17. 

Territory, admission of, 168. 

Town type of local government, 14; 

township-county type, 17. 

Treasury, department of, 144. 
Treasury notes, 94, 96. 

Treaties, 132-133, 187. 

Trusts, 91-92. 

Union, steps leading to, chap. 5. 
United States notes, 95. 

Vacancies, in House of Representa¬ 
tives, 57; in Senate, 60. 

Valuation of property, 60. 

Vestry, 16. 

Veto, 80-81. 

Vice-President of U. S., 126. 

Virginia local government, 15-16. 
Virginia plan, 41. 

Voting, methods in Congress, 80. 

War, declaration of, 104; department 
of, 146. 

Wards, 201. 

Yeas and nays, 80. 




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THE GOVERNMENT OF THE 
STATE OF NEW YORK 



12 ; 

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w 

s 

H 




CAPITOL 







































































































































































































THE GOVERNMENT 

OF THE 

STATE OF NEW YORK 


BY 

TAMES SULLIVAN, Ph.D. 

HEAD TEACHER OP' HISTORY AND CIVICS, HIGH SCHOOL OF 
COMMERCE, NEW YORK CITY 


WITH MAPS 



) 1 
> > J 



NEW YORK 

CHARLES SCRIBNER’S SONS 

1905 


LIBPAfTY tf CONGffESS 
Two Oooles Nee»iv«4 

NOV 28 ld05 

Cooyriffht Entry 
CLASS XXc. No. 

r^ XX 6-3 

_ COPY B. 


COPYRIGHT, 1905, BY 
CHARLES SCRIBNER’S SONS 



PREFACE. 


In the study of civics in our schools there is usually such 
strong emphasis laid on the National government that the 
student comes to think that the State government is of very 
little importance. This fact has led and is leading the public 
at large to regard the State as scarcely anything more than 
an administrative unit like the English county and the 
French department. Men of learning and prominence re¬ 
gard with equanimity the gradual encroachment of the Na¬ 
tional upon the State government. That men in general do 
not object to the increasing assumption of powers by the 
National government may be in part attributed to the train¬ 
ing which they receive in the schools. 

Whether such assumption of power is good or bad is of 
course debatable. No one will deny, however, that it is con¬ 
trary to the spirit of our institutions. The reduction of our 
States to mere divisions for administrative purposes was 
something never contemplated by the most ardent Federal¬ 
ists. With the hope of counteracting in a measure the 
present tendency to aggrandize the importance of the Na¬ 
tional government I have aimed to bring before the student 
the exceedingly important part which our State government 
plays in our daily life. 

Another object I have kept constantly in mind is to show 
the government in its actual working. For that reason 
at the end of each chapter are several paragraphs on actual 
conditions. These, following, as they do, the sketch of the 
machinery of government, are intended to show how prac- 


VI 


PREFACE. 


tice differs from theory, and wherein we are successful and 
wherein we fail in carrying on our government. 

On the political history of New York State I have given 
very little, because almost all that I could give here has 
already been covered in connection with the history of the 
United States which the pupil has already studied. Changes 
in institutions, however, have been noted in their proper 
places. I have also omitted from the text salaries of officials 
and other statistical matter. Such material is to be found 
in reference tables at the end of the book. 

I am indebted to Mr. A. H. Sanford for permission to use 
at the ends of some of my chapters certain of the “ sug¬ 
gestive questions,” in his work on the “ Government of 
Wisconsin.” 


New York City, November, 1905. 


SUGGESTIONS TO TEACHERS. 


There is a somewhat prevalent notion among teachers 
that the object of studying our local and State governments 
is to encourage local pride and patriotism. This, it is sup¬ 
posed, will make the student a better citizen. There is 
nothing, however, which is more erroneous. Such teaching 
leads the pupil to have wrong notions of the importance 
of his own locality, to have his perspective so distorted as to 
see only the good and none of the bad, and to make no 
effort to work for a change in the imperfect because he 
thinks it perfect. There is no worse citizenship than is 
expressed in the words: “ We are all right.” This blatant 
self-satisfaction with what we have is responsible for our 
corrupt but contented ” style of government. 

Our most patriotic citizens are those who see the defects 
of our institutions, not those who sit with folded hands and 
think that democratic principles have brought the millen¬ 
nium. Because we teach our pupils to see wherein we have 
failed and are failing in carrying out these principles, it is 
not to be urged that we are teaching them to be unpatriotic. 
Patriotism is a matter of slow growth and takes care of itself 
without being taught. It is like love of one’s mother—it 
needs no cultivation. The quality which we teach in our 
schools by the overemphasis which we lay on our perfec¬ 
tions is “ jingoism.” With some this may pass for patriot¬ 
ism, but it is as different from that as day from night, and 
the less we have of it the better. 

Another danger which the teacher of local government 

vii 


viii SUGGESTIONS TO TEACHERS. 

must avoid is the spirit of narrow provincialism which un¬ 
fortunately is altogether too common in this country. The 
silly but sometimes bitter rivalry which exists between some 
cities and States of our Union is at times directly traceable 
to school instruction. If we cannot get good citizenship 
except by vilifying or depreciating our neighbors, it is some¬ 
thing we had better do without. Good citizenship is not 
narrow and provincial, but broad. It has the world for its 
teacher and from her it learns to borrow the good wherever 
that is to be found. If Germany has better municipal gov¬ 
ernment than we have, it is our duty as good citizens to 
profit by her example, or at least to teach our children that 
the Germans manage their municipalities better than we. 

It is not necessary, however, to ‘‘ harp ” on the bad quali¬ 
ties of our government all the time. There is a danger, in 
these days of newspaper exposures of political corruption, 
of the pupil getting to believe that all men connected with 
public life are guilty of wrongdoing simply because a few 
cases are brought to light. This must be guarded against 
and the pupil made to realize that by far the larger number 
of men in political life are honest and incorruptible. The 
points wherein we excel others may be brought out as well 
as those wherein we fail. Our present tendency, with our 
pupils at least, is to gloss over the latter and that is why 
we have to be on our guard. 

From these few remarks it will be seen that the teacher 
of civics must know other governments—local and National 
—besides his own, must be a close reader of the newspapers 
and their editorials, and must be ready at all times to discuss 
present-day problems and politics as illustrating the actual 
working of the machinery of government as it is studied in 
the text. Teachers should by every means in their power 
encourage the pupils to read the best of our newspapers and 
to make scrap albums of clippings which relate to the sub- 


SUGGESTIONS TO TEACHERS. 


IX 


ject under discussion. In conjunction with this should go 
the visits to legislative assemblies, interviews with local 
officers, leaders and active citizens, and reports from ob¬ 
servation on the methods of conducting the business of some 
local department. The pupil should be made to see the gov¬ 
ernment in its actual working as much as possible and to 
realize for himself how much or how little it differs from 
the theory. 

A great deal of space has been given to cities. It is 
hoped that teachers will find it possible to give much more 
time to this division of our government than has hitherto 
been the case. 

The suggestive questions at the close of chapters are not 
meant to be such as can be answered from a reading of 
the text. They are intended to make the pupil think, con¬ 
sult books outside the text and ask questions of men who 
are acquainted with the machinery of government. The 
teacher will be able to frame others of the same sort as 
the study of the various chapters progresses. 

No “ outlines ” of chapters or of departments of govern¬ 
ment have been given. It was felt that the making of these 
was an exercise which should be left to the pupil. 

The following short list of books will prove helpful: 

ON METHOD. 

Martin, G. H. , Hints on the Teaching of Civics. 

Bourne, H. E., The Teaching of History and Civics. 

New England Hist. Teachers’ Association, Report of 
the Civics Committee. (Soon to be published.) 

REFERENCE LISTS FOR OUTSIDE READING. 

Hart, A. B., Actual Covermnent. (List at heads of chapters.) 

Morey, W. C., The Gcwernment of New York. (List at heads 
of chapters.) 


X 


SUGGESTIONS TO TEACHERS. 


STATISTICAL MATERIAL. 

Murlin, E. L., The New York Red Book. (Annually.) 
Secretary of State, The Legislative Manual. (Annually.) 
Almanacs of the New York City Daily Newspapers: 
A?nerican, Eagle, Tribune, World. 

GOVERNMENT OF NEW YORK STATE. 

Morey, W. C., The Coverjunent of New York, 

Revised Statutes of New York State, 

FOREIGN GOVERNMENTS. 

Wilson, Woodrow, The State. 

CITY GOVERNMENT. 

Shaw, A., Municipal Govertiine7ti in ContinentalEurofe. 
Shaw, A., Municipal Gover7i7nent in Great Britain. 
Goodnow, F. J., City Gover7i77ie7it in the United States. 

NEWSPAPERS FOR YOUNG PEOPLE. 

The Little Chro7iicle, Chicago. 

C7irrent Events, Springfield, Mass. 


CONTENTS 


PAGE 

Preface . v 

Suggestions to Teachers. vii 

CHAPTER 

1 . The Constitution .i 

II. Constitutional Rights.7 

in. The Legislature.12 

IV. The Working of the Legislature ... 24 

V. The Executive.32 

VI. The Judiciary.40 

VII. The Working of the Courts .... 51 

VIII. Local Government: County, Town and Village 63 

IX. Local Government: Cities.71 

X. Nominations and Elections.86 

XL Local Taxation.106 

XII. State Finance.117 

XIII. Education.125 

XIV. Amendments to the Constitution . . .138 

State and Local Officers.142 

The Constitution.145 

INDEX.193 

MAPS AND ILLUSTRATIONS. 

Capitol at Albany. Frontispiece ^"Vage 

Map of Senatorial and Assembly Districts . . 14 ^ 

Map of Judicial Districts and Departments . . 42 

Map of New York City. 74 

Specimen Ballot.93 


XI 













THE GOVERNMENT OF THE STATE 
OF NEW YORK. 


CHAPTER I. 

THE CONSTITUTION. 

Importance of the State. —We have already spent a 
great deal of time and space on the study of the National 
government, but we must always remember that so far 
as our daily life is concerned the State government is 
far more important than the National. It is the State 
which decides on the form of government of our coun¬ 
ties, towns, and villages, and grants charters to our 
cities. It is the State which through these local govern¬ 
ments, or directly, makes provision for the public health 
and the public education of the citizens; establishes asy¬ 
lums, prisons, and houses of correction; manages the 
public lands, takes care of the forests, fish and game, 
promotes agriculture, regulates labor and domestic com¬ 
merce; builds and cares for canals, and grant charters to 
and controls corporations. Among- the most important 
of the latter, which affect us directly, are gas‘companies, 
street and steam railway corporations, and food-product 
concerns. When we see that the State has so many 
activities, we realize why it is so very important to under¬ 
stand thoroughly the government of the State. 


2 


THE GOVERNMENT OF NEW YORK. 


Constitutions of New York. —The details of the form 
of government of our State—sometimes called the Em¬ 
pire State because of its great wealth and population— 
is determined, like the governments of the United States 
and the other States, by a document known as the Con¬ 
stitution. We have had in our history four different 
State constitutions. The first was made in 1777, the sec¬ 
ond in 1821, the third in 1846, and the last in 1894. 
Why we have had so many when the National govern¬ 
ment has had only one during the same period of time 
will become clear if we carefully consider the matter. 
We saw (Chapter XVIII) how difficult it was to change 
the Federal Constitution and how it was “ stretched ’’ 
(p. 109) in order to include powers or functions which 
were not expressly stated in the document itself. It has 
not been necessary to do this with our State Constitution, 
because it has usually been an easy matter to get a wholly 
new Constitution or to change the one which we had. 
This is true for the following reasons: (i) Having the 
people of one State instead of many States to deal with it 
was an easy matter to find out whether they wanted a con¬ 
stitutional convention called in order to draft a new Con¬ 
stitution. (2) The method of amendment has been 
simpler. Though the Constitution of 1777 made no pro¬ 
vision for amendments, it was possible for the Legisla¬ 
ture by a mere majority vote to call a convention for the 
purpose of changing the Constitution. By the Constitu¬ 
tion of 1821 it was made possible to add an amendment 
to the Constitution if a mere majority of each house of 
the Legislature voted for it and two-thirds of each house 
of the subsequent Legislature approved of it. (3) Being 
in a small area, the people were more likely to be nearly 


THE CONSTITUTION. 


3 


of one mind as to any change which was thought desir¬ 
able. 


Constitution of 1777. —This Constitution, like the con¬ 
stitutions of the other States adopted at about the same 
time, was drawn up at the suggestion of the Continental 
Congress, then in session at Philadelphia (May 10, 1776). 
It did not attempt to create new institutions, but provided 
for those to which the people had been used during the 
previous history of the colony. Provision was thus made 
for a governor, a lieutenant governor, executive councils, 
a legislature of two houses, all chosen by the people, and 
a system of courts the judges of which were to be 
appointed. Under the colonial government no one had 
been allowed to vote unless he owned a certain amount 
of property, and this restriction remained in force in this 
Constitution. To protect the citizen in the enjoyment of 
what he considered his fundamental rights certain clauses 
defining these were put into the Constitution. These 
came to be called the “ Bill of Rights.” 

This Constitution, like the later Federal Constitution, 
was short, and barely outlined the form of government. 
The form of government has remained the same through¬ 
out the history of the State, but the document itself has 
been increased so much in length that it is more like a 
book of laws than a definition of the various departments 
of government and their powers. 

Under this Constitution the power which had belonged 
to the King passed to the people. They had a strong 
feeling at this time against tyranny and ‘‘ one-man 
power,” and hence they made the authority of the office 
of governor as weak as possible, and put the control of 


4 


THE GOVERNMENT OF NEW YORK. 


the government largely into the hands of the Legislature. 
The governor did not have the powers of veto and 
appointment. These were given to two special councils 
of which the governor, though a member, was only one 
among several other members. Even a veto made by a 
council could be overborne by the Legislature. The 
judges were appointed to office by one of these councils. 

Constitution of 1821. —In the period between 1777 and 
1821 the people experienced a change of feeling. They 
no longer had such a dread of tyranny as they had had 
when George III. ruled them, and they were more demo¬ 
cratic in their attitude toward the privilege of voting. 
Several disputes having arisen under the Constitution of 
1777 which could not be settled, a convention was called 
and drew up the Constitution of 1821. In accord with 
the changed feelings mentioned above, the restrictions 
on the privilege of voting were made less severe, the 
power of veto was taken from the council and put into 
the hands of the governor, subject of course to the power 
of the Legislature to pass a bill over his veto, and the 
power of appointment to such offices as those of the sec¬ 
retary of state, the treasurer, the attorney-general was 
taken away from the council and put into the hands of 
the Legislature. The appointment of judges, however, 
was invested with the governor, subject to the approval 
of the upper house of the Legislature. Thus by this 
Constitution the power of the governor ‘ was increased 
and the Legislature gained additional prerogatives in the 
matter of appointments. 

Constitution of 1846. —Between 1821 and 1846 a great 


THE CONSTITUTION. 


5 


wave of democracy swept over our country, New York 
included. The people showed themselves desirous of 
getting more and more power into their own hands, 
and of restricting the powers of both the governor and 
the Legislature. They no longer trusted the men whom 
they chose to represent them. By an amendment to the 
Constitution of 1821, passed in 1826, all property quali¬ 
fications for the privilege of voting were swept away, 
and in 1845 another amendment was passed making it 
unnecessary for a man to have property in order to hold 
office. The result of these amendments was that the 
convention of 1846 called for revising the Constitution 
was overwhelmingly Democratic. The people had turned 
out in force to choose delegates to a convention which 
would give them the power. Thus by the Constitution 
of 1846 the power of appointing such officers as the sec¬ 
retary of state, the treasurer, and the attorney-general 
was taken away from the Legislature, and the power of 
appointing judges was taken away from the governor. 
Henceforth executive officers like those mentioned above 
and the judges were to be elected directly by the people. 
Heretofore the Legislature had been permitted to pass 
laws on almost all subjects, but in the Constitution of 
1846 a list of subjects was put down on which the Legis¬ 
lature could not legislate. These restrictions, which re¬ 
late to a variety of subjects, such as lotteries, divorces, 
charters, and State debts, have tended to increase as 
new constitutions are made or amended. With its pow¬ 
ers in legislation more and more diminished the Legisla¬ 
ture has declined in importance, and the people have used 
their right of revising and amending the Constitution 
as a sort of means of legislating directly for themselves. 


6 


THE GOVERNMENT OF NEW YORK. 


Constitution of 1894. —By 1866 the need of a revision 
of the Constitution was again felt, and a convention was 
called in that year. Its work was unsatisfactory and its 
proposals were rejected by the people. Between that 
date and 1894 the people had grown to distrust the 
Legislature more and more and to place more confidence 
in the governor. They came to regard him and his veto 
as the bulwark against hasty and bad law-making by the 
Legislature. When, therefore, a convention met in 1894 
to revise the Constitution there was an observable ten¬ 
dency to increase the governor’s authority and to put 
more restrictions on the Legislature. The most impor¬ 
tant of these was that aimed against special laws for 
individual cities. In order to prevent it the Constitution 
divided the cities of the State into three classes accord¬ 
ing to their population. Then any law that may be 
passed affects all the cities of any one class and not sim¬ 
ply a single city. Other clauses were added to the Con¬ 
stitution, making it the longest we have as yet had. As 
this Constitution of 1894 is that under which we are now 
living, we shall turn to its consideration. 

SUGGESTIVE QUESTIONS. 

1. Make a list of the things which you or your parents do day by 

day which are affected by (i) National laws, (2) State laws. 

2. What is the difference between a legislature and a convention ? 

3. Sum up the advantages and disadvantages of having the people 

legislate directly by revising or amending the Constitution. 

4. Find out the number of pages in the Federal Constitution and 

compare it with the number of pages in the State constitu¬ 
tions of 1777, 1821, 1846, 1894. (See Poore, Charters and 
Constitutions.) 


CHAPTER II. 


CONSTITUTIONAL RIGHTS. 

Natural Rights. —In the eighteenth century, at the time 
when our first Constitution was made, the people gener¬ 
ally believed that all early government began in what they 
called a “ social compact.” According to that all men 
were in a state of nature something similar to the state 
in which we found the savages when we first came to this 
country. They thought that men all came together and 
decided to have a government. In order to do this men 
had to give up certain rights which they had all enjoyed 
as individuals before they decided to have a government. 
There were some rights, however, which were regarded 
as “ inalienable ”—that is, they could not be surrendered 
or given up by anybody. These rights were life, liberty, 
and the pursuit of happiness. It was thus that the people 
of the eighteenth century believed that government was 
a necessary evil.” They thought that man had more 
rights in a ‘‘ state of nature,” as they called it, than he 
had when governments were formed. Nowadays we 
know that people were all wrong in believing this. We 
know that government was a matter of very slow growth 
and did not come from any social compact.” We 
know further that what rights we enjoy were made 
possible to us by an organized government. Before gov¬ 
ernment grew up there were no rights which anybody 
could call his own. Pie was in danger of being killed, 

7 


8 


THE GOVERNMENT OF NEW YORK. 


of having his property taken away from him, or of being 
made a slave by somebody who was stronger than he. 
As there was no government, there was no one to whom 
he could look for protection. What good were his rights 
if he could not enjoy them? We know now that what 
rights we have are made possible to us by the govern¬ 
ment. We also know that if all the people, forming what 
is technically known as the “ social body,” wish to de¬ 
prive individuals of the right of holding private property, 
they may do so. Government is only the machine which 
the people use to do their will. They may give to the 
government the power to do anything that they wish it to 
do, or they may deprive it of any power which they do 
not wish it to exercise. The powers which the govern¬ 
ment of this State is or is not to have are carefully laid 
down in the Constitution. 

Divisions of the Constitution.—Our State Constitution, 
like the Federal Constitution, opens with a Preamble. 
This is: “ We, the people of the State of New York, 
grateful to Almighty God for our Freedom, in order to 
secure its blessings, do establish this Constitution.” 
The Constitution is divided into fourteen articles, and 
these in turn are divided into sections, but for purposes 
of convenience we may group them all under four chief 
divisions. The first of these we will call the “ Bill of 
Rights,” because in it are placed certain rights which 
the people have declared that the government cannot 
take away from the individual (Articles I, II). The 
second division has to do with the departments of 
government ”—the Legislature, the Executive, and the 
Judiciary (Articles III, IV, V, VI). The third em- 


CONSTITUTIONAL RIGHTS. 


9 


braces powers other than those over individual rights 
which the people have denied to the government, or sub¬ 
jects on which they have chosen to legislate directly by 
placing them in the Constitution (Articles VII, VIII, 
IX, X, XI, XII, XIII). The fourth and last division 
deals with amendments to the Constitution (Articles 
XIV, XV). 

Bill of Rights. —This is a portion of the Constitution 
about which the people of the time of the Revolution felt 
very strongly. From the time of the Magna Charta to 
the American rebellion from the tyranny of George III. 
Englishmen had struggled to prevent the government 
from denying certain rights to the individual. These 
rights had been set down in the most celebrated docu¬ 
ments in English history—Magna Charta, 1215, Petition 
of Right, 1628, and the Bill of Rights, 1689. They are 
the same as appear in the first eight amendments to the 
Eederal Constitution: Trial by jury, religious liberty, 
habeas corpus, no excessive bail, fines or punishments, 
indictment by a grand jury for serious offenses, no per¬ 
son to be twice put in jeopardy for the same offense, no 
one to be compelled in a criminal case to be a witness 
against himself, no person to be deprived of life, liberty, 
or property without due process of law, no private prop¬ 
erty to be taken for public use without just compensa¬ 
tion, freedom of speech and the press, and right of peti¬ 
tion. All of these are either clear in themselves or have 
been explained in the first portion of this book. 

In addition to these there are certain other provisions 
restricting divorces, prohibiting lotteries, pool-selling, 
book-making, and other forms of gambling, and several 


lO 


THE GOVERNMENT OF NEW YORK. 


sections relating to an old system of landholding, which 
was in existence during colonial times. 

Voting.—Of greatest importance are the clauses which 
relate to voting. This did not appear among the 
“ rights ” for which Englishmen had struggled in their 
early history. It is a “ privilege ” which has been granted 
to citizens without distinction in New York State only 
during the course of the nineteenth century. Now the 
Constitution provides: “ No member of this State shall 
be disfranchised, or deprived of any rights or privileges 
secured to any citizen thereof unless by the law of the 
land, or the judgment of his peers.” That is to say, that 
the Legislature cannot by merely passing a law deprive 
a member of the State of such rights or privileges. To 
be deprived of them a member of the State must be tried 
and convicted of having done something which under the 
Constitution of the State makes him incapable of enjoy¬ 
ing the rights and privileges of the ordinary citizen. 

Qualifications of Voters.—Not everybody who lives in 
the State, however, enjoys the privilege of voting. The 
Constitution makes this clear. A voter must be a male 
citizen twenty-one years of age; he must have been a 
citizen for ninety days (see pp. 98, 99, of “ Our Govern¬ 
ment ”) ; and he must have been an inhabitant of the 
State for at least one year next preceding the election at 
which he offers his vote. But this is not all. He must 
be a resident in the place where he wishes to cast his 
ballot. He must have resided in the county for at least 
four months and in the election district for at least thirty 
days before election day. 


CONSTITUTIONAL RIGHTS. 


II 


Persons Excluded from Voting.—Nevertheless, a man 
having all the above qualifications is deprived of the 
privilege of voting if at any time he is convicted of hav¬ 
ing taken or given bribes at an election, or of having 
committed any other infamous crime. In earlier times, 
as we have seen, there were many more persons excluded 
from the privilege of voting than at present. ' Under the 
Constitution of 1777, all negroes, free or slave, were 
excluded; under that of 1821 free negroes owning a cer¬ 
tain amount of property were allowed to vote, but it was 
not until the amendment of 1874 was made to the Con¬ 
stitution of 1846 that negroes were put on an equality 
with white men in the matter of voting. This was done 
in accordance with the Fifteenth Amendment to the Fed¬ 
eral Constitution declared in force in 1870. White men 
also who did not own a certain amount of property were 
excluded from voting by the constitutions of 1777 and 
1821, and it was not until 1826 that an amendment re¬ 
moved this restriction. 

SUGGESTIVE QUESTIONS. 

1. What was the Magna Charta ? the Petition of Right ? the 

English Bill of Rights ? Find out their history and give 
their most important provisions. 

2. Compare Article I of the Constitution of New York State 

with the first eight amendments to the Federal Constitution. 

3. Are there countries where freedom of speech and freedom of 

the press are restricted ? 

4. Can you suggest any reasons why the prohibition concerning 

lotteries and other forms of gambling should be put into 
the Constitution ? 


CHAPTER HI. 


THE LEGISLATURE. 

Necessity for a Legislature. —Upon the voters depends 
the government. If they are uneducated and corrupt, 
and pay little attention to politics, the government will 
be bad and poorly run. If they are honest and intelli¬ 
gent and take an active interest in it, the government 
will be well run. In very early times almost everything 
used to be attended to by the voters directly, but with 
the increase of population and the growth of large States 
this became impossible. The voters became so numerous 
that they could no longer meet together in a single place, 
and, if they could have met, they could not have made 
themselves heard. Then, again, those living far away 
from the place of meeting could not afford the time to 
come. So it became customary to turn over to others the 
duty of carrying on the government. For this purpose 
three departments came to be organized: one, the Legis¬ 
lature, to make the laws; another, the Executive, to see 
that they were carried out or executed; and still another, 
the Judiciary, to decide on the meaning of laws, settle 
disputes, and declare whether the law was to be applied 
to a particular case. This threefold division lies at the 
basis of our government, and though each division is 
closely connected with the others we treat them under 


12 



THE LEGISLATURE. 


13 


separate heads for the sake of clearness. This chapter 
is to deal with the first division—the Legislature. 

Division into Houses.—Our Legislature is divided into 
two houses, the Senate and the Assembly. The first has 
fifty members elected every two years, and the second 
three times as many elected every year. The-day for 
their election is on the Tuesday following the first Mon¬ 
day in November. 

Senate Districts.—The State is divided by the Legis¬ 
lature into fifty districts, and from each a Senator is 
chosen. In making the division into districts an attempt 
is made to have about the same number of people in 
each, but as the county boundaries must also be thought 
of, this is not always strictly possible. For instance, it 
is not allowed to take a part of one county and a part of 
another and put them together to form a Senate District. 
A single county may form a Senate District, like Albany 
County, or a county may be divided into many Senate 
districts, like Erie and New York counties, or two or 
more counties may be put together to form a Senate 
District, but the county boundaries must always remain 
intact. Under certain conditions too complicated to be 
gone into we might even have fifty-one Senators in New 
York State, but this is likely to happen but seldom. Then, 
again, no matter what the population of a county may 
be, even if it is more than half of the population of the 
State, it cannot have more than one-third of the Senate 
districts, and no two adjoining counties may have more 
than half of the Senate districts. The object of this con¬ 
stitutional provision is, of course, to prevent any one sec- 


14 


THE GOVERNMENT OF NEW YORK. 


tion of the State from controlling the Senate; but with 
the increase in the population of the counties which form 
New York City it is going to be difficult to prevent such 
control. 

Assembly Districts.—For purposes of the Assembly 
the whole State is divided into one hundred and fifty dis¬ 
tricts. Here, as in the case of the Senate districts, the 
county boundaries must be respected, but as the Assem¬ 
bly districts are smaller, it so happens that every county, 
with one exception, is formed into one or more Assembly 
districts, according to its population. The only excep¬ 
tion is in the case of Hamilton and Fulton counties, 
which, on account of the small number of their popula¬ 
tion, form one Assembly District. In cases, however, 
where a county is divided into several Senate districts, 
each of these shall have the same number of Assembly 
districts. The Legislature assigns to each county the 
number of Assembly districts which it is to have. The 
division into Assembly districts is made by the Board 
of Supervisors of the county if it have more than one 
district. The Board of Aldermen makes the division for 
the counties comprising New York City. 

Census—The State is “ re-districted ” by the Legisla¬ 
ture every ten years. For the purpose of making the 
Senate and Assembly districts it is necessary to know the 
number of people in the State and their residence. So in 
the Constitution it is provided that every ten years a State 
census shall be taken. The first of these has just been 
taken in 1905, and there will be another in 1915. As the 
National government also takes a census every ten years, 


• FRANKLIN 








































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THE LEGISLATURE. 


15 


the last being in 1900, we have a census every five years. 
According to the basis on which we are now running each 
Senate District has approximately 130,000 inhabitants, 
and an Assembly District about 43,000. With the new 
census of 1905, however, these numbers will be larger. 

Members.—To be a member of either house a man 
must be a citizen of the State and twenty-one years of 
age. He cannot hold, or have held within one hundred 
days previous to his election, office as a United States 
Congressman, a civil or military office under the United 
States Government, or an office under any city govern¬ 
ment. If he accepts any such office after he is chosen 
to the State Legislature, he loses his seat. A member 
is not required by the Constitution to be a resident of 
the district from which he is chosen, but by law this resi¬ 
dence is made necessary. He is also disqualified for the 
office if he has committed some infamous crime. 

Privileges of Members.—Members are paid for their 
services, are exempt from arrest in a civil action while 
attending a session of the Legislature, and cannot be 
questioned in any other place for anything they may 
have said in the Legislature. 

Meeting and Organization.—The Legislature meets every 
year, and assembles on the first Wednesday of January. 
In organization it resembles very closely the Congress 
of the United States. The officers and the committee 
system of doing business are almost the same. The 
Lieutenant Governor is the presiding officer in the Sen¬ 
ate. In case he is absent a temporary president is 


i6 THE GOVERNMENT OF NEW YORK. 

chosen by the members. In the Assembly the presiding 
officer is called the Speaker and is chosen by the mem¬ 
bers. There are besides many subordinate officers in both 
houses, such as clerks, stenographers, and door-keepers, 
some of whom are appointed by the presiding officers 
and some elected by the members. Each house deter¬ 
mines the rules of its own procedure, and judges of the 
elections, returns, and qualifications of its own members. 
Each house must keep a journal of its proceedings and 
must allow the public to see it or to hear the proceedings 
in the open house, except in such cases as demand secrecy 
for the sake of the public welfare. Neither house may 
adjourn for more than two days without the consent of 
the other. A majority of each house shall constitute a 
quorum to do business, but in the case of the final pas¬ 
sage of a bill levying taxes, creating a debt, or appropri¬ 
ating money or property, three-fifths of the members 
elected must be present. The business is conducted by 
means of committees appointed by the presiding officer 
in each house. To these committees are referred the 
particular bills on subjects which they are appointed to 
consider. To the Committee on Railroads, for example, 
are referred all bills affecting railroads. There are other 
committees on finance, judiciary, cities, canals, education, 
taxation, etc. 

Powers of the Legislature.—In general, it may be said 
that the Legislature has power to pass laws on all sub¬ 
jects (i) not prohibited by the United States Constitu¬ 
tion (Article I, Section X), (2) not expressly granted 
to the National government, (3) and not prohibited by 
the State Constitution. Of these, the third class is the 


THE LEGISLATURE. 


17 

most numerous, and the tendency is for it to become more 
so. In spite of this, however, the powers of the Legis¬ 
lature are very broad, for it has to do with the everyday 
concerns of the people. Besides its legislative powers, it 
also has executive and judicial functions. The Senate, 
for example, has the right to confirm or reject appoint¬ 
ments made by the Governor, and acts as a court of trial 
in cases of officers impeached by the Assembly. 

Methods of Procedure.—There is no difference between 
the two houses in the powers which they exercise over 
legislation. All bills—even those appropriating money 
—may originate in either house. All laws must be 
passed by both houses, and must have the assent of the 
majority of the members elected to each house. Those 
appropriating money or property for local or private pur¬ 
poses must have the votes of two-thirds of the members 
elected to each house. All bills passed by one house may 
be amended in the other. The enacting clause of all bills 
is: “ The People of the State of New York, represented 
in Senate and Assembly, do enact as follows: ” and no 
law can be enacted except by bill. 

The Making of Laws.—Each house determines for it¬ 
self the proceedings which must be gone through before 
a bill can become a law. These are to be found in small 
pamphlets entitled, “ Rules and Orders of the Senate ” 
and “ Rules and Orders of the Assembly.” These differ 
in small details, but in general we may say that a bill 
passes through three important stages, (i) A bill is 
introduced by a member from his place, or on the report 
of a committee, or by a message from the other house. 
The bill is then given its first reading by the Clerk, usu- 


18 THE GOVERNMENT OF NEW YORK. 

ally by title only, and is then referred to the committee 
which has charge of the subject to which the bill relates. 
(2) This committee then takes the bill in hand. If the 
committee thinks the bill worthy of passing, it may dis¬ 
cuss it very fully, have hearings on it of people inter¬ 
ested, may make any modifications it sees fit, and then 
report it back to the house. If the committee does not 
like the bill, it may report against it, and thus “ kill the 
bill in committee,” as the saying goes. The house may, 
of course, demand to have a bill reported to it, but it 
seldom does. If, however, the bill is reported favorably, 
and the house accepts the report, it is then given its 
second reading at some specified time. After this read¬ 
ing time is allowed for debate. After this is done, the 
bill may be adopted in whole or in part, or amended, or 
referred to the Committee of the Whole. In the Senate 
every bill must be referred to the Committee of the Whole 
before it can have its third reading, but in the Assembly 
it need not be unless two-thirds of the members present 
demand it. The object in referring a bill to the Commit¬ 
tee of the Whole is to get more opportunity for debate. 
In this committee the ordinary rules of the house, which 
only allow of a short time for debate, are suspended, and 
a more informal discussion takes place. If the bill is 
passed after the second reading, it is ordered to be printed 
and distributed to the members. A time is set for its 
third reading. At that time the “ ayes ” and “ noes ” 
are taken and entered on the journal of the house. No 
debate is allowed. If the vote is affirmative, the bill is 
then sent to the other house, where it is dealt with in 
much the same fashion. If that house passes it, it is 
ready for the Governor. 


THE LEGISLATURE. 


19 


Checks. —The object of all this complicated procedure 
is to facilitate business, and to insure careful considera¬ 
tion of each bill, while the object of having two houses 
is for one to form a check on the other. 

Conference Committee. —It may happen, however, that 
one house amends the bill of the other in a way which is 
not acceptable. To settle the matter a Conference Com¬ 
mittee, composed of members of both houses, is appointed, 
This committee tries to make a compromise satisfactory 
to both houses, but sometimes it does not succeed and 
the bill fails to become law. 

Submission to the Governor. —If the bill, however, is 
finally passed by both houses it is sent to the Governor. 
If he signs it, it becomes law; but if he disapproves it, 
he “ vetoes ” it and sends it back with his objections to 
the house in which the bill was first introduced. If the 
Governor does not return the bill within ten days (Sun¬ 
days excepted) after he receives it, it becomes law with¬ 
out his signature; or if he vetoes it and the houses re¬ 
pass it with a two-thirds majority the signature of the 
Governor is not necessary. No bill, however, can be¬ 
come a law after the final adjournment of the Legisla¬ 
ture unless approved by the Governor within thirty days 
after such adjournment. These bills are known as 
“ thirty-day bills,” and there is always a large number 
of them. Many the Governor signs, but he allows a good 
many to die ” by failing to sign them. 

Restrictions on the Legislature. —Originally the Legis¬ 
lature was able to pass laws on almost every variety of 


20 


THE GOVERNMENT OF NEW YORK. 


subject, except, of course, on those prohibited by the 
National Constitution. The people later grew distrustful 
and began to put into the State Constitution certain 
subjects upon which the Legislature could not legislate. 
These are too numerous to give a complete list, but in 
general they may be grouped under two heads: (i) 
Financial restrictions and (2) restrictions on private and 
local bills. Under the first heading we may note the fol¬ 
lowing: (a) An appropriation bill must not contain any 
provision not relating to the appropriation. This is to 
prevent the evil known as “ riders.” On bills appropriat¬ 
ing money for the expenses of the government the Legis¬ 
lature would put a clause which had nothing to do with 
the appropriation, but related to some entirely different 
matter. The Governor might not wish to give this 
clause his approval, but as he needed the money he had 
to sign the bill, and thus the objectionable clause would 
become law. This has been done away with now, and 
the Governor may also veto any particular item of an 
appropriation bill without vetoing the whole bill, (b) 
The Legislature may not lend the State’s money or credit 
for the benefit of an individual, association, or corpora¬ 
tion. (c) The Legislature cannot contract debts to meet 
current expenses in excess of one million dollars, except 
to defend the State in time of invasion, insurrection, or 
war, and the money thus raised cannot be used for any 
other purpose whatsoever, (d) No extraordinary debt 
shall be contracted unless it is duly authorized by 
law for some special object, and even then it cannot be 
valid until it is submitted to the people at some general 
election and approved of by a majority of all the votes 
cast. 


THE LEGISLATURE. 


21 


Private and Local Bills. —The Legislature used to pass 
many private or local bills, usually for the benefit but 
sometimes to the detriment of one person or locality. 
This was the source of much corruption, and now the 
Constitution declares that any such bill must not embrace 
more than one subject, and that must be expressed in the 
title. Further than this there are some fourteen different 
subjects on which the Legislature may not pass private or 
local bills. The most important of these are: (a) The 
laying out or altering of highways; (b) locating or 
changing of county seats; (c) incorporating villages; 
(d) regulating the rate of interest on money; (e) grant¬ 
ing to any corporation the right to lay down railroad 
tracks; (/) granting to any private corporation any ex¬ 
clusive privilege or franchise whatever; (g) granting an 
exemption from taxation. All laws on such subjects must 
be of a general nature and not be applicable simply to one 
person or locality, but to many. 

Indirect Restrictions. —In addition to the direct prohi¬ 
bitions on the Legislature there are numerous clauses 
contained in Articles VII-XIII of the Constitution 
which we may call indirect restrictions. These are sub¬ 
jects which the people would not trust to the Legisla¬ 
ture, but which they wished to withdraw from its control 
by putting clauses in the Constitution relating to them. 
Such restrictions are those which direct the Legislature 
to provide for a forest preserve, canals, charitable and 
educational institutions, a militia, the organization of 
counties and cities. They would not trust the Legisla¬ 
ture to legislate concerning bribery and free passes on 
the railroads, and so put clauses in the Constitution re- 


22 


THE GOVERNMENT OF NEW YORK. 


lating to them. A clause about the last of these makes 
it a misdemeanor for any holder of an office under the 
State to rec-eive a pass. 

General Similarity to Congress. — Our outline of the 
State Legislature has served to show us how very sim¬ 
ilar it is in many ways to the Congress of the United 
States. In our next chapter we are to find out if the 
Legislature works out in practice the way it is supposed 
to work in theory. 

SUGGESTIVE ‘ QUESTIONS. 

1. What reasons are there for favoring annual rather than bi¬ 

ennial sessions of the Legislature ? 

2. When was the last census taken by the United States? By 

the State ? When was the last apportionment of Senate 
and Assembly districts made ? Why is apportionment re¬ 
quired so frequently ? 

3. How large is the Assembly District in which you live ? 

What territory does your Senate District include ? Who 
is your Assemblyman? Your Senator? When was each 
elected ? When will their successors be elected ? 

4. According to the last apportionment what were the ratios for 

Senate and Assembly districts? Find the population of 
several districts and see how nearly they correspond to the 
ratio. 

5. When did the last regular session of the Legislature occur? 

How long did it last ? Which party had a majority in the 
Senate ? In the Assembly ? How large were these ma¬ 
jorities ? 

6. What were the most important subjects considered by the 

Legislature at this session ? What important laws were 
enacted ? 

7. What reasons can you give for granting to the Legislature 

those privileges mentioned in this chapter? 


THE LEGISLATURE. 


23 

8. Do the people of the State take as much interest in the work 

of the Legislature as in the work of Congress ? 

9. In what ways may vacancies occur in the Legislature ? 

10. What persons may not receive passes ? What reasons can 

you give for this prohibition ? Why was this provision 
made a part of the Constitution, instead of remaining a 
mere law ? 

11. In how many ways may a bill become a law? In how many 

ways may it fail to become a law ? 

12. Why should the Governor have the power to veto a bill ? 

13. Can you determine from the titles of committees given in 

the Legislative Manual what matters are considered by 
each committee ? 

14. What is meant by a “Committee of the Whole”? 

15. Look up the definition of a corporation. 

16. Find out the difference between a private and a public 

corporation. 


CHAPTER IV. 


THE WORKING OF THE LEGISLATURE. 

The Difference between Theory and Practice. —We often 
hear it said that things may work well in theory, but 
not in practice. Our State government, as well as our 
National government, does work remarkably well in 
practice, but that fact is no reason why we should 
close our eyes to some of its faults. It is very difficult 
for us to see our own faults, and these have been best 
pointed out to us by foreigners who have examined our 
institutions. 

Character of the Members of the Legislature. —Some 
very excellent men have sat in our Legislature, but also 
some who were inferior. It is natural to ask how these 
get in. In part this is undoubtedly due to our “ district 
system,” which makes it necessary for a member of the 
Legislature to live in the district which he represents. 
In theory it ought to be possible to find a man of emi¬ 
nence in every district, but in practice it often is not. 
Men of ability sometimes do not wish to go to the Legis¬ 
lature, and then the voters must take an inferior man. 
At other times a strong man fails of reelection because 
he has offended the political boss of the district, or has not 
been pleasing to some particular faction in it. Thus the 

24 


THE WORKING OF THE LEGISLATURE. 


25 

State loses his services because he cannot be elected 
from another district unless he resides in it, and it is not 
always possible or convenient for him to move. So it 
is that legislators frequently vote for measures that they 
do not think right or good for the interests of the State 
at large, because they are afraid of offending the leader, 
or the voters of the district from which they are chosen, 
and so of losing their seat at the next election. This 
makes our legislators narrow statesmen. Under these 
circumstances we may well ask ourselves if we could not 
improve matters by allowing our representative to be 
chosen from anywhere within the State. 

Short Terms.—The election of Assemblymen every year 
and Senators every two years is not in itself a bad sys¬ 
tem. It enables us to get rid of an incapable man, but 
this very fact makes us careless of the character of the 
man we elect. At elections we do not reelect good men 
frequently enough. We wish to give too many a chance. 
A man no sooner gets into the working of the Legisla¬ 
ture than he has to get out. We make demands on our 
representative to do things for our district, and unless 
he does them, out he goes. This puts him under the 
necessity of thinking all the time about his reelection. 
He plays to the “ grand stand,” for, unless he does, he 
knows that his public career will be cut short by the 
voters, even if it is not by the political boss. Such short 
terms of office destroy the efficiency of our legislators. 

Effects of Restrictions on the Legislature.—To send a 
man to the Legislature to make laws, and then to make 
a long list of subjects on which he cannot legislate does 


26 


THE GOVERNMENT OF NEW YORK. 


not give to the office the dignity it should have. A truly 
great man likes responsibility, and if he is not to have 
it he does not wish the office. Men of less ability will 
go where he refuses to go. Their motives are not always 
the best and they do not make the best legislators. 

Fear of the Legislature.—Some people argue that we 
must restrict the Legislature, for if we do not it will do 
harm by passing bad laws. Such men always give a sigh 
of relief when the Legislature closes its session. But we 
must remember that if bad men are sent to the Legisla¬ 
ture it is our fault and not theirs. We as voters are re¬ 
sponsible for them, and if we do not attend to our duties 
as voters, they will not attend to theirs as legislators. 
Perhaps if we gave them greater responsibility and 
watched them more closely, we might find more capable 
men desiring to go to the Legislature to make names for 
themselves. 

Lack of Public Interest in the Legislature.—Though, as 
we have seen, the State has more to do with our daily 
life than the National government, it is remarkable that 
we take more interest in the doings of the latter than of 
the former. Our newspapers devote very little space to 
the proceedings in the legislative chambers at Albany. 
The result of all this is that bad bills are often put 
through, and “ jokers ” in bills are of frequent occur¬ 
rence. These are clauses in otherwise good bills which 
are not for the public welfare, and which are allowed to 
remain in the bill simply because the general public has 
not paid attention to what the Legislature is doing. This 
failure of the people to watch the Legislature is also 


TPIE WORKING OF THE LEGISLATURE. 


27 

largely responsible for much of the corruption which is 
to be found at times among our legislators. 

The Committee System.—The doing of the large bulk 
of the work in the Legislature by means of committees 
is also responsible for many bad bills, though, of course, 
the system does permit of the Legislature accomplishing 
a great deal of work. “ What the committee says goes,’’ 
is a common saying. The committee being a small body 
can be much more easily influenced by interested parties, 
and thus frequently reports a bill, and the Legislature 
passes it, which would not pass if the Legislature were 
compelled to examine it more closely. Much hasty and 
ill-considered legislation is put through as the result of 
this system. 

Actual Law-Making.—At first legislation seems a very 
simple matter. We think of an assembly of legislators 
gathered together to make laws for us. A member rises 
from his seat, and, getting recognition from the presid¬ 
ing officer, proposes a bill, or presents a long argument 
for or against one which is before the house. In practice 
he does no such thing. If he wishes to speak on an 
important measure he has to arrange beforehand to be 
recognized by the presiding officer, and the latter is not 
always willing to do it. If sufficient pressure cannot be 
brought to bear to get recognition, the member may rise 
from his seat in vain, he is not recognized and is not 
allowed to speak. Even if he obtains recognition, the 
time he may speak is very much limited. The result of 
this is that the bills are voted upon with very little debate 
or discussion. As the members of a political party are. 


28 ' THE GOVERNMENT OF NEW YORK. 

therefore, frequently in doubt how they are to vote, they 
all meet “ in caucus ” at some time and place outside the 
legislative chamber, and there decide how to vote on a 
given bill. Such practices are resorted to on account of 
the enormous number of bills which comes before the 
Legislature every session. There are so many that the 
members have barely time to read them privately, much 
less to hear them discussed at length in the hours when 
the Legislature is sitting. Many a legislator thus votes 
for or against a bill which he has not even read. Some 
say that the Legislature passes more laws than can be 
enforced by the executive, and that we could well do 
without many of them. This is very probably true, but 
for every bill that is passed several others fail of passage. 
All of them, however, take up the time of the Legislature. 

The Lobby. —Nothing is so responsible for the large 
number of bills presented in the Legislature as the 
“lobby.” This term is applied to two things: (i) The 
hall or space, outside the doors of the legislative cham¬ 
bers; (2) the group of men who assemble there to urge 
legislators to pass or defeat certain bills. The individuals 
of this group are known as “ lobbyists.” They go to the 
State Capitol to represent either their own interests or 
those of others. We often think that the members of the 
Legislature consider the needs of the community and 
bring in bills of their own to satisfy those needs. As 
a matter of fact, a very large number of bills brought 
into the Legislature are suggested and worked up by 
members of that group of men known as the lobby. As 
they have everything to gain by their bills they are very 
persistent in getting members of the Legislature to vote 


THE WORKING OF THE LEGISLATURE. 


29 


for them and in bringing all sorts of “ pressure ” to bear. 
The greatest evils we suffer from are due to this lobby, 
for the bill of the lobbyist is usually for the benefit of the 
few at the expense of the many. The Legislature itself 
is sometimes accused of bringing in “ strike bills ”—that 
is, bills against certain corporations—for the purpose of 
being bought off by the lobby. In some of the Western 
States they are trying to prohibit “ lobbying.” It is a 
question whether we should not try something of the same 
sort in our own State. 

The Machine. —The lobby frequently seeks and gets the 
support of what is known as the “ machine.” This usu¬ 
ally means that group of party politicians, either within 
or without the Legislature, who are able, on account of 
their great influence with the party, to compel the members 
of their party in the Legislature to vote as they dictate 
under pain of defeat at the next election if they refuse. 
We often hear it stated that such and such a bill has 
been jammed ” through the Legislature, or defeated, 
at the dictation of a party leader, and that the vote taken 
was strictly along “ party lines.” This means, of course, 
that the members of the Legislature voted regardless of 
argument or debate. They closed their ears to all rea¬ 
son and voted as they were told. This sort of thing 
takes place more frequently in our Legislature than in 
the Congress of the United States, and more so than in 
the Legislature of any other State.^ If this is true, then 
we as voters are responsible. Laws should be made with 

^ See a report of Mr. A. L. Lowell in the Proceedings of the American 
Historical Association for 1901. 


THE GOVERNMENT OF NEW YORK. 


30 

cool deliberation and not “ jammed ” through in this 
fashion. 

Lack of Business Principle.— The lobby and the ma¬ 
chine serve to make our legislators ignore the fundamen¬ 
tals of business principle and morality. They run the 
government on a basis that they would not think of 
employing in their private business. They forget that 
the offices which they hold are trusts which they should 
not violate on account of any amount of pressure from 
the lobby and the machine. 

Our Remedy. —Other faults of the National Congress, 
such as the use of log-rolling ’’ and “ patronage,” do 
not exist to any great extent in our State Legislature; 
but we have cited enough to show that our methods are 
not entirely perfect. To know our faults, however, and 
to do nothing to remedy them is worse than not know¬ 
ing them at all. We should know our imperfections in 
order that we may try to improve them. As we live 
under a democratic government we should always re¬ 
member that whatever faults exist in it rest on our shoul¬ 
ders. So when we feel inclined to decry the men we 
elect, we should be ready to acknowledge that if they 
are bad it is we who are to blame. We cannot excuse 
ourselves by saying that we have not the time to devote 
to politics. It is our business to make time, and if we 
fail to do so, we have no real right to complain. 

SUGGESTIVE QUESTIONS. 

1. Give arguments for and against placing many restrictions on 

the Legislature. 

2. Explain “log-rolling” and “patronage.” 


THE WORKING OF THE LEGISLATURE. 


31 

3. Give the advantages and disadvantages of the “committee 

system ” of doing legislative business. 

4. Find out if there is any country in which members of the 

legislative branch of the government do not have to reside 
in the districts by which they are chosen. What effect 
do you think this would have on the quality of the men 
chosen and on the length of time that they remain in public 
service ? 

5. Does the Constitution of the United States make it necessary 

for a member of the House of Representatives to reside in 
the district from which he is chosen ? If not, does he usu¬ 
ally do so ? Why ? Can you find out if there is any place 
in New York State where this principle is violated? 


CHAPTER V. 


THE EXECUTIVE. 

Responsibility. — The Executive Department of the 
State government consists of those officers whose busi¬ 
ness it is to see that the laws passed by the Legislature 
are put into operation and enforced. In colonial times, 
when the Governor was appointed by the English crown, 
he used to appoint in turn the other executive officers. 
Such a system was not liked by the people after the 
Revolution, and they soon brought it to pass that almost 
all of the most important officials were to be elected by 
the people. This, of course, made them all directly re¬ 
sponsible to the people. In this respect the State govern¬ 
ment is not at all like the Eederal government, for there, 
as we saw, the chief executive officer, the President, is 
alone responsible to the people, and the other executive 
officials are appointed by and are responsible to him. 

The Governor. —The Governor is the title of the chief 
executive officer of the State. He is elected at the same 
time and places as members of the Legislature, and holds 
office for two years. To be eligible he must be: (i) A 
citizen of the United States; (2) not less than thirty 
years of age; (3) a resident of this State for five years 
next preceding his election. Like the President, he has 
to take an oath of office and also to swear that he has not 
used money or other unfair means to procure election. 

32 




THE EXECUTIVE. 


33 

Powers of the Governor. —He is commander-in-chief of 
the military and naval forces of the State. He may 
convene both houses of the Legislature or the Senate 
alone in extra sessions, at which, however, only the sub¬ 
ject for which he calls them together is to be considered. 
He may grant reprieves, commutations, and pardons ex¬ 
cept in cases where the convicted person has been guilty 
of treason or been tried on articles of impeachment. He 
has the appointment, by and with the advice and consent 
of the Senate, of many State officers. He may suspend 
or remove certain State and local officers for wrong¬ 
doing. He has the power, as we saw above, to accept 
and sign bills, or to reject and veto them. 

Duties of the Governor. —The Governor has many duties, 
and they are constantly increasing in number. We can 
consider only the most important. He must communi¬ 
cate by message to the Legislature at every session on the 
condition of the State, and recommend such measures as 
he thinks best. He must see to it that the laws are faith¬ 
fully executed. In case he grants pardons, commutations 
of sentence, or reprieves to a convicted criminal, he must 
report the matter to the Legislature at its next session. 

The Lieutenant Governor. —The Lieutenant Governor 
must have the same qualifications for office as the Gov¬ 
ernor, and is elected in the same way. Ordinarily his 
sole duty is to preside over the Senate, but he is not a 
member of that body, and has a vote only in case of a tie. 
Should the office of Governor become vacant from any 
cause the Lieutenant Governor succeeds to it. In case of 
the death of both the Governor and the Lieutenant Gov- 


THE GOVERNMENT OF NEW YORK. 


34 

ernor the office of Governor goes to the President of the 
Senate, and in case of his death to the Speaker of the 
Assembly. 

Lower Executive Officers. —The officers of the Execu¬ 
tive Department below the Governor and Lieutenant 
Governor may be divided into four classes: (i) Elected; 
(2) appointed; (3) appointed boards; (4) ex-officio 
boards. 

Elected Officers.— There are five officers elected by the 
people, besides the Governor and Lieutenant Governor, 
for the term of two years. (i) The Secretary of State 
has charge of the great seal and records of the State, 
superintends the publication of laws, the taking of the 
State census, and the granting of commissions and cer¬ 
tificates of incorporation. (2) The Comptroller audits 
the public accounts, superintends the collection of taxes, 
makes an annual report to the Legislature of income and 
expenditures of the State Government, gives an estimate 
of the amount of money needed for State expenses for the 
next year, and issues orders or warrants for any money 
which is to be drawn from the State Treasury. (3) The 
Treasurer is the custodian of the money received by the 
State, and may pay it out only on an order from the 
Comptroller. (4) The Attorney-General is the law officer 
of the State and the legal adviser of the other State offi¬ 
cers. He protects the interests of the State in courts in 
which they are involved, and must prosecute criminals 
if directed to do so by the Governor or Justices of the 
Supreme Court. (5) The State Engineer and Surveyor 
has charge of the survey of public lands, the laying out 


THE EXECUTIVE. 


35 

and construction of State roads, and a certain control 
over the building and repair of canals. 

Appointed Officers. —Besides the officers elected directly 
by the people there is a large number of officers of 
whom some are (a) appointed directly by the Governor 
with the consent of the Senate, (b) others by the Gov¬ 
ernor in conjunction with some other officers, and (c) 
still others by the Legislature. We cannot give all of 
these officers here, but will mention the most important: 
(i) The Superintendent of Public Works, (2) the 
Superintendent of Insurance, (3) the Superintendent of 
Banks, (4) the Superintendent of Prisons, (5) the Com¬ 
missioner of Health, (6) the Commissioner of Agri¬ 
culture, and (7) the Commissioner of Labor are ap¬ 
pointed by the Governor with the consent of the Senate 
for terms of varying length. The duties of most of 
them are obvious from their titles. The first and third 
call for a little explanation. The main duties of the 
Superintendent of Public Works have to do with the 
construction, repair, and navigation of canals, and those 
of the Superintendent of Banks have to do with the 
supervision of all banks, trust, loan, and guaranty com¬ 
panies which are organized under the laws of this State. 

The Superintendent of Weights and Measures and the 
Superintendent of Public Buildings are appointed by the 
Governor in conjunction with some other officers, and the 
Regents are appointed by the Legislature. 

Appointed Boards. —Much of the work of the Executive 
Department of the State government is done by boards 
of several men appointed by the Governor with the con- 


36 THE GOVERNMENT OF NEW YORK. 

sent of the Senate. Their duties are mainly those of 
inspection. Such boards or commissions are the State 
Board of Charities, the Lunacy Commission, the Prison 
Commission, the Railroad Commission, the Tax Commis¬ 
sion, Port Wardens, the Quarantine Commission, and the 
Civil Service Commission. 

Ex-Officio Boards. —The boards known as ‘‘ ex-officio ” 
boards are made up of officials who are members because 
they hold certain offices. There are several such boards. 
One, for example, is that of the Commissioners of the 
Land Office, consisting of the Lieutenant Governor, the 
Speaker of the Assembly, the Secretary of State, the 
Comptroller, the Treasurer, the Attorney-General, and 
the State Engineer and Surveyor. 

Importance of the Governor of New York State. —New 

York is one of the few States of the Union whose Gov¬ 
ernor occupies a high position in the public eye. It is an 
office much sought after, and is frequently a stepping- 
stone to the higher position of President of the United 
States. For this reason very prominent men have held 
it and will continue to hold it. 

Power of the Governor.— The people have shown a ten¬ 
dency in recent years to increase the Governor’s power. 
They have realized that added responsibility does not 
make a tyrant, but that additional powers frequently 
sober a man and make him a better Governor than when 
almost all power is taken away from him. Then, again, 
greater responsibility also makes it possible for the people 
to place the blame for bad as well as good measures. 


THE EXECUTIVE. 


37 

This cannot be shifted so easily as when the responsi¬ 
bility is divided among many. 

One-Man Power.—We often hear it said that if you 
wish a thing done well you must give it entirely into the 
hands of one man to do, and then see that he does it. 
Certainly this seems true when we compare the efficient 
work done by our Governor with the poor work done by 
many of our commissions and boards. The various mem¬ 
bers of these shift the responsibility on to the others, and 
as nobody is made responsible by law it is difficult to find 
the man who is really at fault. There is not so much 
danger in giving our Governor more power as there is 
in giving our President more power. The Governor’s 
duties are largely routine. He has no foreign policy to 
carry out, no regular army to command, no navy that 
he could use against the people. It would seem that we 
might still increase the powers of the Governor and not 
suffer from tyranny. 

Control of the Governor by the Machine.—There is, how¬ 
ever, one danger that always confronts us. The candi¬ 
date for Governor is usually a party man, and owes his 
nomination and election to a party. He cannot afford to 
offend the leaders of it, for if he does, he will fail of 
nomination and election when he runs. Once in office 
he must keep on friendly terms with all elements of the 
party if he expects to run for the office a second time. 
Thus it frequently happens that the Governor does or is 
forced to do things of which he does not approve—things 
which he feels are not for the best interests of the State 
at large. The party machine is strong and will defeat 


THE GOVERNMENT OF NEW YORK. 


38 

him if he does not do its bidding. The truly strong 
Governor defies the machine and throws himself upon 
the support of the people. If the latter are negligent 
and do not mind their political duties, the Governor will 
be defeated largely because he has been looking out for 
their interests rather than for those of a few private indi¬ 
viduals who have the machine on their side. Here, as 
in the case of the Legislature, it is our duty as voters to 
support the man who is honestly striving to look out for 
the interests of the people. When we hear of “ grab ” 
bills being “ jammed ” through the Legislature and signed 
by the Governor at the dictation of great party leaders 
we may know that all is not well. The Governor is not 
running the government on business principles for the 
best interests of the governed, but for the benefit of a 
few private individuals. Sometimes the Governor is 
weak and is only there to serve the machine. At other 
times, however, he is strong, but as the people do not 
show him that they are behind him he weakly gives in 
to the demands of selfish interests. For his weakness 
as well as for the weak Governor the voters of the State 
are responsible, and have only themselves to blame. 
Eternal watchfulness on the part of the voters is the 
price we must pay for a good Governor as well as a 
good Legislature. 

The Legislature and the Governor’s Veto.—It is very 
difficult for us to place the responsibility for a bad bill on 
any member of the Legislature. The member who intro¬ 
duced it lays the blame on the committee who takes charge 
of it, either because the committee made so many changes 
in it or did not remedy its faults. The committee refuses 


THE EXECUTIVE. 


39 

to take the blame because it did not introduce the bill. 
The houses do not hold themselves at fault, saying that 
they took the committee’s word for the bill. The public 
is puzzled and nobody in the Legislature suffers. The 
people, however, have increasing confidence in the Gov¬ 
ernor’s veto to save them from the evils of bad legisla¬ 
tion. They rely upon the Governor to reject any meas¬ 
ures which are not for the public welfare. On him at 
least responsibility may be placed. It seldom happens 
that the Legislature is rash enough to pass a bill over his 
veto. In fact, it often happens that certain members of 
that body, in order to stand well with the machine, vote 
for bills which they hope and sometimes know that the 
Governor will veto. 

SUGGESTIVE QUESTIONS. 

1. Why is the restriction placed upon the power of the Legis¬ 

lature in special session? Is there such a restriction upon 
Congress ? 

2. What is a reprieve ? a commutation ? a pardon ? Why should 

the Governor report these matters to the Legislature ? 
Why are exceptions made in cases of impeachment and 
treason ? 

3. What are the laws in this State relating to the labor of 

children ? (See the Revised Statutes.) 

4. What are quarantine regulations? Find out some and cite 

for example. Who enforces them ? 

5. What are pure food laws? Name some. Who enforces them? 


CHAPTER VI. 


THE JUDICIARY. 

Judicial Officers.—The third or judicial department of 
the State government consists of those officers, called 
judges, whose duty it is (i) to interpret or declare the 
exact meaning of the laws of the State, (2) to decide 
whether they have been violated by any accused individ¬ 
ual or body of individuals, and (3) to decree the pun¬ 
ishment set by law for such violation. In early times 
the judges were appointed by the Governor and held 
office during good behavior, but by the Constitution of 
1846 they were almost all made elective by the people, 
and their terms of office were limited to a specified num¬ 
ber of years. 

Kinds of Courts.—When performing their duties the 
judges generally sit in courts. The court may consist of 
one or of many judges. In the State there are many dif¬ 
ferent courts. They may be divided into two groups (i) 
Central and (2) Local. Under the head of Central are 
placed those courts whose powers extend over the whole 
State, and under the head of Local those courts whose 
powers cover only a small portion of the territory of the 
State. 

Central Courts—The central courts consist of (i) the 

40 


THE JUDICIARY. 


41 


Court of Impeachment, (2) the Court of Appeals, and 
(3) the Supreme Court. 

Court of Impeachment.—The Court of Impeachment is 
organized for the purpose of trying public officers who 
are accused, or, technically speaking, impeached, by a 
majority of the members elected to the Assembly. It 
consists of the President of the Senate, the Senators, or 
a majority of them, and the judges of the Court of 
Appeals, or a majority of them. In case of the impeach¬ 
ment of the Governor or Lieutenant Governor, the latter 
cannot be a member of the court. The accused to be 
found guilty must have a vote of two-thirds of the court 
against him, and even then judgment may extend no 
further than removal from office, and disqualification to 
hold any office of honor or trust under the State. The 
party impeached, however, is liable to indictment and 
punishment according to law in other courts. 

Court of Appeals.—The Court of Appeals is the highest 
court of appeal in the State to which cases from the lower 
courts can be brought. If a case is to be taken higher 
than this, that is, to the Federal courts, it must be shown 
that the Federal Constitution, laws, or treaties are in¬ 
volved. Otherwise the decision of the Court of Appeals 
is final. It consists of one Chief Judge and six Associate 
Judges elected by the voters of the whole State for terms 
of fourteen years. Five members form a quorum, and 
the concurrence of four is necessary to a decision. This 
court does not try cases, as we ordinarily think of a trial, 
but can only review the decisions of law handed up to 
it from the Appellate Division of the Supreme Court. 


42 


THE GOVERNMENT OF NEW YORK. 


There is, however, one exception to this. In cases in¬ 
volving the death penalty appeals may be made directly 
to this court from the court in which the trial was held, 
and then the Court of Appeals may review questions of 
fact in addition to questions of law. 

The Supreme Court.—The Supreme Court is organized 
for hearing important civil and criminal cases. Civil 
cases for amounts above $2,000, criminal cases involving 
the death penalty, and other criminal cases of a serious 
nature go to the Supreme Court. A case may be brought 
to it directly, or on an appeal from a lower court. It 
consists of seventy-six justices elected by the people for 
terms of fourteen years. For purposes of organization 
and election the State is divided by the Legislature into 
four Judicial departments and also into eight Supreme 
Court districts. A certain number of justices are chosen 
from each district, as twenty-two from the First District, 
which is New York County, and smaller numbers from 
the other districts, which each include several counties. 
Though elected from various districts, however, these jus¬ 
tices may exercise their functions in any part of the State. 

Appellate Division of the Supreme Court.—The cases 
which come to the Supreme Court on appeal from lower 
courts, or from another branch of the Supreme Court, go 
to the Appellate Division of the Supreme Court, which 
is organized for the sole purpose of taking care of appeals. 
There is an Appellate Division for each of the four de¬ 
partments mentioned above. From the whole number of 
seventy-six justices the Governor selects a certain number 
to act for terms of five years as Appellate Justices in each 





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THE JUDICIARY. 


43 


department—seven in the First Department, sitting at 
New York City, and five in each of the other three de¬ 
partments, whif^h sit at Brooklyn, Albany, and Rochester 
respectively. In each department four justices form a 
quorum, and the concurrence of three is necessary for a 
decision. 

Trial and Special Terms of the Supreme Court. —The 

other justices of the Supreme Court are engaged in 
hearing cases which are brought to it directly, and not on 
appeal from other courts. For this purpose “ trial ” and 

special ” terms of the Supreme Court are held at stated 
intervals in every county. In a “ trial ” term a Supreme 
Court Justice presides and hears civil and criminal cases 
involving questions of fact, and therefore requiring the 
aid of a jury to pass upon them. A jury, however, may 
be dispensed with in a civil case if both parties agree. 
In a “ special ” term the justice decides cases or questions 
of law which do not require the aid of a jury, as no 
questions of fact are involved. 

Local Courts. —Under this head are placed: (i) the 
County Courts, (2) the Surrogates’ Courts, (3) Jus¬ 
tices’ Courts, (4) Municipal Courts, and (5) Coroners’ 
Courts. 

County Courts. —In every county there is a County 
Court. This is presided over by a judge (in Kings 
County there are two judges) chosen by the voters of the 
county for a term of six years. Before this court come 
all criminal cases arising in the county (except those in¬ 
volving the death penalty), and all civil cases for amounts 
of $2,000 and less. The County Court is also a court to 


44 


THE GOVERNMENT OF NEW YORK. 


which appeals are made from courts below it. In New 
York County, on account of its enormous population and 
the great mass of business to be attended to, the ordinary 
County Court was not sufficient. Accordingly, two 
courts were set up: (i) the Court of General Sessions to 
hear criminal cases, and (2) the City Court to hear civil 
cases. Both of these courts have special sets of justices. 
The Court of General Sessions has a grand jury drawn 
for it and can hear cases involving the death penalty. 

Surrogates’ Courts. —In most of the counties there is a 
Surrogate’s Court. This is presided over by a judge 
known as a Surrogate, who is chosen for a term of six 
(New York County fourteen) years by all the voters in 
the county. Before this court come all matters relating 
to the estates of deceased persons, such as the proving of 
wills, the granting of letters of administration when no 
will is left, and the appointing of guardians for minors. 
When a county, on account of the smallness of its popula¬ 
tion, has no Surrogate, such matters are attended to by 
the County Judge. 

Justices of the Peace. —In each town there are elected 
four Justices of the Peace for terms of four years, two 
being chosen every two years. Each of these holds a 
separate court within the town. These justices hear 
minor criminal cases, and civil cases involving $200 or 
less. They have the power, however, to issue warrants 
for the arrest of persons charged with any crime, and may, 
after an examination of the facts, admit the accused to 
bail, or hold them in confinement to await the action of 
the grand jury. In the villages existing within a town 



THE JUDICIARY. 


45 


there is a court presided over by a Police Justice who has 
charge of very small offenses. 

Municipal Courts. —We saw that counties with a large 
population had to have a special system of county courts. 
In the same way cities, or municipalities as they are some¬ 
times called, need a special system of town courts. Thus 
in large cities the duties of the Justices of the Peace are 
usually divided between two courts: (i) one having 
charge of civil and (2) the other having charge of crimi¬ 
nal cases. In addition to these, there are numerous 
Police Courts presided over by Magistrates correspond¬ 
ing to the Police Justice of the village. All of these are 
necessary to handle the large amount of judicial business 
which arises in our cities. In New York City, for exam¬ 
ple, there are two courts: (i) The Municipal Court con¬ 
sisting of twenty-eight justices elected for terms of ten 
years by the people of the twenty-eight Municipal Court 
districts into which the city is divided. Each justice has 
charge over civil cases arising within his district which 
involve $500 or less. (2) The Court of Special Sessions 
consists of thirteen justices appointed by the Mayor for 
ten years, and has charge of misdemeanors. In addition 
to these are many City Magistrates, some of whom are 
elected, others of whom are appointed, who have charge 
of less serious offenses. 

Coroners’ Courts. —In every county there are from one 
to four Coroners elected by the people for three years, 
whose duty it is to investigate all unnatural deaths, in 
order to determine their causes. For this purpose the 
coroner may call witnesses, and in the largest cities has 


46 THE GOVERNMENT OF NEW YORK. 

to submit the matter to a jury. If, as a result of this 
“ inquest,” some one is suspected of crime, such a person 
may be arrested to await the action of the grand jury. 

Court of Claims. —In addition to the regular system of 
courts there is a special court, called the Court of Claims, 
consisting of three judges appointed by the Governor 
with the consent of the Senate for the term of six years, 
for the purpose of hearing and determining claims of pri¬ 
vate citizens against the State. The court sits at Albany, 
and has four sessions in the year. It is necessary to have 
this court because the State as a sovereign body cannot 
be sued by private individuals. Under these circum¬ 
stances some arrangement has to be made by which a pri¬ 
vate citizen, if wronged by the State, can have his wrong 
righted. 

Removal of Judges. —Besides the ordinary method of 
impeachment, judges may be removed by other means. 
Judges of the Court of Appeals and of the Supreme Court 
may be removed by a two-thirds vote of all members 
elected to each house of the Legislature. All other judi¬ 
cial officers except Justices of the Peace and justices of 
inferior courts not of record ^ may, on the recommenda¬ 
tion of the Governor, be removed by a two-thirds vote of 
members elected to the Senate. All other minor judges 
are removable by higher courts. 

^ Courts not of record are those of the Justices of the Peace and other 
inferior courts. Courts of record are the Court of Appeals, the Supreme 
Court, the County Courts, and the Surrogates’ Courts. The latter are so 
called and distinguished from the former because they have clerks who 
make detailed reports of the proceedings. 


THE JUDICIARY. 


47 


Character of Our Judges.—During a period following 
the Civil War our judiciary degenerated very much, and 
for a long time was under the control of political ma¬ 
chines. In recent years, however, it has reached a high 
standard of excellence. 

Length of the Terms of Office of Judges_We shall 

have noticed by this time that the terms of office for 
judges are very much longer than those for officers in the 
legislative and executive departments. For this there is 
a very good reason. The office of a judge should be 
above party politics. Once in office the judge should be 
free to devote his attention to giving just decisions. If 
his term of office were short and elections came fre¬ 
quently he would have to give a great deal of time and 
thought to reelection. In order to gain reelection he 
would be sorely tempted to render decisions in impor¬ 
tant cases in favor of the person who might be in a posi¬ 
tion to give him the most assistance in the election. If 
justice is to exist, a judge must not have such tempta¬ 
tions put before him. There are those who believe that 
our judges should not be elected at all, but should be 
appointed by the Governor, who is better capable of 
selecting a good judge than the average voter. Once in 
office they would stay in during good behavior. This, 
you will remember, is the way the Federal judges obtain 
and hold their offices. It certainly takes the judicial 
department out of politics. 

Reelection by Custom.—Though we do elect our judges 
in this State, and give them only definite terms of office, 
there is growing up a very noble custom which practically 


fHE GOVERNMENT OF NEW YORK. 


48 

gives a judge the same office during good behavior. That 
is, if a judge fills his office impartially and well, it is be¬ 
coming more and more the custom for both political par¬ 
ties to nominate him on their tickets, and thus to reelect 
him term after term. The lawyers of the State believe 
most firmly in this custom, for they, above all others, 
realize how necessary it is to have impartial and honest 
judges to try their cases. 

Salaries.—If we wish good judges we must give them 
long terms of office (really terms of office during good 
behavior) and good salaries. In our State some of the 
judges are much better paid than Federal judges. This 
does not mean that we should lower their salaries, for to 
get good men we must pay them well, but rather that the 
Federal government should raise the salaries of its 
judges. The judges of our Court of Appeals receive 
$13,700 a year, which is larger than the amount received 
by the judges of the Supreme Court of the United States. 
The judges of our State Supreme Court chosen from 
districts in New York County receive $17,500 a year, 
those chosen from districts in Kings County receive 
$13,200, and those from other districts receive $7,200. 
The highest paid Federal judge receives only $13,000. 

The << Law^s Delay.^’—The “law’s delay” is an ex¬ 
pression which we are coming to hear more and more. 
It means that when a civil or criminal case gets into our 
courts it takes a very long time to get a decision. Busi¬ 
ness men sometimes prefer to suffer a loss at the hands 
of others rather than go to court, because they feel that 
it will take such a long time to have the matter settled. 


THE JUDICIARY. 


49 


Then the expenses to which they are put in fees for the 
courts and the lawyers are sometimes as great if not 
greater than the amount recovered. The blame for this 
state of affairs rests partly on our judges, partly on our 
lawyers, and partly on our legislators. The accusation 
has been frequently made of late, and not without some 
foundation of truth, that our judges take vacations of too 
great length. They thus have too little time to devote to 
trying cases, and these keep accumulating in such num¬ 
bers that it is sometimes a year or two after a case is 
brought before a court before it actually comes to trial. 
Judges are also accused of encouraging delays in the 
administration of justice, but this seems hardly possible. 
It is on the lawyers that we must place the responsibility 
for the many delays in having cases settled. Some of 
these men seem to do everything in their power by means 
of petty quibbles and makeshifts to prevent cases from 
coming to a definite trial. This is especially true of the 
lawyer whose client has a weak case. If the decision goes 
against him he is permitted to appeal again and again to 
higher and higher courts. Several years drag along, 
and it is not surprising that the average citizen becomes 
disgusted. It frequently seems to him as if the man who 
had the money to keep a case in the courts a long time 
wins out. Criminals are sometimes not punished until 
years after the commission of the crime. This breeds a 
sort of contempt among the people for the law and the 
courts. This is the worst thing of all, for the law and 
courts, above all, should always be respected and obeyed. 
The Legislature is to blame, because it is within its power 
to change the court procedure in such a way as to stop all 
the petty legal quibbles and prevent the possibility of so 


50 


THE GOVERNMENT OF NEW YORK. 


many delays and appeals. This the Legislature has not 
done, and it has not done it because the voters do not seem 
to want it. So here in the judicial department we are 
again down to the voter, as we found ourselves in the 
legislative and executive departments. If there are de¬ 
lays in the administration of justice it is the voter’s fault. 
It is for him to remedy the evil. 

SUGGESTIVE QUESTIONS. 

1. In what Judicial Department do you live? In what Supreme 

Court District ? 

2. Who is the Judge of the Supreme Court chosen from your 

district ? 

3. Who is the Justice of the Peace before whom a small crimi¬ 

nal offense committed in your neighborhood would be tried ? 
Police Justice? Municipal Court Justice? Justice of the 
Court of Special Sessions ? 

4. Where is your County Court House? What other courts are 

held there beside the County Court ? 

5. Give reasons for and against the election of judges. 

6. Subject for debate: Should judges hold office during good 

behavior or for a specified term of years ? 

7. Find instances of the “law’s delay.’’ Do you know of any 

States in which it is not a great evil ? Do you see any 
connection between it and “ lynchings ’’ ? 


CHAPTER VIL 


THE WORKING OF THE COURTS. 

Rules of Procedure.—Just as there are certain rules and 
regulations for conducting the business of law-making in 
our Legislature, so there are certain rules for conducting 
business in our courts—known as rules of procedure. In 
the last chapter we saw how some delays in getting deci¬ 
sions were to be attributed to faulty procedure, and now 
we are to find out how court business is carried on. 

Kinds of Cases.—Every case which comes before a 
court is either a “ civil ” or a “ criminal ” case, and in 
every case there is a “ plaintiff ” who begins the action, 
and a defendant against whom the suit is brought. 

Civil Case.—A case between two private individuals 
for the purpose of having justice done is a civil case. 
The plaintiff who feels that a wrong has been done him 
by the defendant brings suit. If the plaintiff does not 
bring the action no one else will, for it is not supposed to 
be anybody else’s concern. The most common forms of 
civil cases are those in which the plaintiff brings suit 
against the defendant to compel the payment of a debt or 
the fulfillment of a contract. 

Criminal Case.—In the early history of mankind all 


52 


THE GOVERNMENT OF NEW YORK. 


cases were what we might call civil cases, that'is, be¬ 
tween one man and another, or between two different 
families. If one man did bodily injury to another it was 
settled between them or between their families. Nobody 
else had anything to say. With the growth of civiliza¬ 
tion, however, and an increase in the power of the king, 
there were certain wrongs, such as murder, arson, bur¬ 
glary, theft, and robbery, which came to be regarded as 
affecting not only the individuals against whom they 
were committed, but as affecting all the people in the 
State. Such wrongs were called crimes, and the State 
felt called upon to do everything in its power to punish 
the criminal, whether the person against whom they were 
committed took any action in the matter or not. At first 
the number of wrongs which were considered crimes was 
small, but it has increased very much, and the Legisla¬ 
ture may at any time pass a law making certain acts 
crimes. When a case involving a crime comes before a 
court it is called a criminal case, and the State is the 
plaintiff. 

The Complaint.—In every criminal case the first step 
is the ‘‘ complaint.” This may be made by the person 
injured, and must be made by any policeman, sheriff, jus¬ 
tice of the peace, or district attorney who has knowledge 
of the crime. In form it is an accusation made before 
some judicial officer against some particular person, charg¬ 
ing him with some specific wrongdoing. It must be 
supported by the oath of a responsible person to the effect 
that he regards the accused as guilty. Anybody making 
the complaint for mischievous or malicious purposes, and 
without sufficient grounds, is liable to punishment. 



THE WORKING OF THE COURTS. 


53 


Warrant of Arrest.—On the basis of the complaint a 
warrant of arrest is issued by the justice. This is then 
handed over to an officer who tries to find the criminal. 
The complaint and the warrant of arrest may be tempo¬ 
rarily dispensed with, however, if the accused is caught 
in the act, or if there is not sufficient time to get them. 
As soon, however, as the criminal is brought before the 
justice they must be duly made out. 

The Examination.—When the prisoner is brought be¬ 
fore the justice it is first determined whether the latter 
has jurisdiction or not. If he has, he may try the case 
immediately. If not, he may examine the prisoner as to 
his connection with the crime. In this examination the 
prisoner is not bound to answer any questions which might 
serve to incriminate him. If from the examination of 
prisoner and witnesses there is sufficient evidence to point 
to the accused as guilty, he is committed to jail for trial 
by a higher court, or is held to await the action of the 
grand jury; otherwise he is discharged. The prisoner 
may, however, “ waive examination,” that is, ask to be 
committed to jail to await examination at some future 
time. 

Bail.—When the offense is not murder or some in¬ 
famous crime the magistrate before whom the examina¬ 
tion is conducted may, instead of sending the prisoner to 
jail, release him on “ bail.” This means that certain 
people, usually the friends of the prisoner, sign a “ bail 
bond,” agreeing to forfeit a certain amount of money if 
the accused does not put in an appearance in court at the 
time set for his trial. Even if he fails to do so and the 


54 


THE GOVERNMENT OF NEW YORK. 


bail money is forfeited to the State, the accused may 
again be arrested and held for the same offense. 

The Grand Jury.—When the crime committed is in-, 
famous, that is, one involving the death penalty, impris¬ 
onment in the penitentiary, or the loss of civil or political 
privileges, the prisoner cannot be brought to trial for it 
except on presentment or indictment by the grand jury. 
In other words, in such serious cases the ordinary com¬ 
plaint is not sufficient; the accusation must be made by 
a lx)dy of men. In every county when a trial term of 
the Supreme Court is to be held there is a body of twenty- 
four men chosen by lot from among the taxpayers. (In 
New York County there are thirty-six chosen. In the 
same county and in Kings the members have to own a 
small amount of property, but they do not have to be tax¬ 
payers.) This body is known as the “ grand jury.” Its 
duty is to inquire into the crimes which have been com¬ 
mitted in the county. In order to assist it there is in 
every county a District Attorney or public prosecutor. 
This officer is chosen for a certain number of years by 
the voters of the county; it is his duty to get evidence 
in regard to crimes and to present it to the grand jury 
for consideration. When considering the evidence in any 
one particular case not more than twenty-three nor less 
than sixteen grand jurymen are allowed to sit. The 
meetings are secret, but the District Attorney may appear 
before it, and also such witnesses as it may call. It takes 
at least twelve affirmative votes to make an indictment 
or presentment. On this matter the procedure is the 
same as in the Federal Grand Jury. (See p. 162 of 
“ Our Government”) 


THE WORKING OF THE COURTS. 


55 


Arraignment and Plea.—If indicted, the accused is 
brought into court to stand trial. While on trial he 
enjoys all the “rights of the accused.” (See p. 163 of 
“ Our Government.”) The indictment is read to him. 
This is called the arraignment. He is then asked if he 
is guilty. To this he makes a “ plea ” “ Guilty ”'or “ Not 
guilty.” If the first, the judge sentences the prisoner to 
the punishment set by law for the crime, but if the ac¬ 
cused replies “ Not guilty,” he is tried by jury. In a 
case of murder the jury trial cannot be dispensed with 
even though the accused plead “ Guilty.” So in such 
cases the plea is always, to all intents and purposes, “ Not 
guilty.” 

Selection of a Jury.—In every county when a trial 
term of the Supreme Court is to be held there is a list 
of thirty-six men whose names are chosen by lot from 
among the taxpayers (in New York and Kings the same 
exception holds as in the case of the grand jury) of the 
county who are between the ages of twenty-one and 
seventy. (Many classes of persons, however, such as 
public officials, ministers, school teachers, etc., are ex¬ 
cused from jury duty.) The persons thus selected or 
impaneled are known as the “ petit jury ” for that term 
of the court. They constitute the “ panel ” from which 
the “ trial jury ” is drawn. 

Trial Jury.—When a case is about to be tried twelve 
names are drawn from a box in which the names of the 
thirty-six petit jurymen have been placed on different 
slips of paper. The accused or the prosecutor may object 
to certain of the men chosen, on the grounds that they 


56 


THE GOVERNMENT OF NEW YORK. 


are prejudiced one way or the other. A chosen juror 
may himself object to serving on the trial because of cer¬ 
tain beliefs which he has. If the judge thinks the reasons 
good and sufficient he excuses the juror from serving. 
Sometimes the panel is exhausted before twelve names 
are accepted, and more petit jurors have to be impaneled. 
At times prejudice is so great that an impartial jury can¬ 
not be had in the county, and then a jury is drawn from 
another county or the trial itself removed there. When 
twelve jurors have been accepted the trial jury is com¬ 
plete and ready for the proceedings. 

Parties and Steps in a Trial.—The accused is always 
considered innocent, and is given every opportunity, even 
to having a lawyer or counsel employed by the county 
for his defense. The burden of proving the accused 
guilty rests on the District Attorney. He conducts the 
side known as the “ prosecution,” while the side of the 
accused is known as the “ defense.” Both sides may 
have witnesses “ subpoenaed ” by the court, that is, orders 
sent to certain individuals to appear and testify. The 
prosecution, represented by the District Attorney, opens 
proceedings by declaring the reasons for believing the 
accused guilty. The witnesses for the prosecution are 
then called to the stand. Each is subjected to “ direct 
examination ” in order to bring out the facts showing 
the guilt of the prisoner, and each in turn is then sub¬ 
jected to “ cross-examination ” by the attorney for the de¬ 
fense, for the purpose of showing inconsistencies or flaws 
in their statements. The witnesses for the defense are 
then called, their testimony is taken by direct examina¬ 
tion by the attorney for the defendant, and they are then 


THE WORKING OF THE COURTS. 


57 

cross-examined by the prosecution. During the course 
of the trial all “ questions of fact ’’ in regard to the crime 
are left to the decision of the jury. Points involving the 
interpretation of the laws, the admission of certain kinds 
of testimony, or the excusing of jurors are left to the 
judge. If the decisions of the latter are displeasing to 
the attorney for one side or the other in the trial he may 
file “ exceptions ” to them. At the close of the trial the 
attorney for the defeated side may gather these excep¬ 
tions into a “ bill of exceptions.” He may then take 
this bill before a higher court and argue that a new trial 
should be ordered because of the wrong decisions of the 
judge. 

When the testimony is all in, the attorney for the de¬ 
fense delivers his “ summing up ” of all the evidence 
which goes to show that the accused is not guilty, and the 
District Attorney follows him with a summing up of all 
the facts pointing to the guilt of the defendant. The 
judge then delivers the “ charge ” to the jury, showing 
them clearly how the law applies to the case in hand, but 
being careful not to influence the jury in any way as to 
how they shall find in regard to the facts. 

The jury then retires to a private room, where it re¬ 
mains until it decides unanimously to bring in a “ ver¬ 
dict ” of guilty or not guilty, or announces that it fails 
to agree. In the last case a new trial is ordered before a 
new jury. If the prisoner is declared not guilty, he is 
discharged; if he is declared guilty, the judge pronounces 
“ sentence,” that is, declares the penalty which the crim¬ 
inal will have to suffer for his crime. This may be pro¬ 
nounced immediately, but it is usually not done until 
after the lapse of a few days. After this it is the duty of 


THE GOVERNMENT OF NEW YORK. 


5S 

the sheriff of the county to see that the sentence is car¬ 
ried out. 

Procedure in Civil Cases.—So far we have dealt with 
criminal procedure. In a civil case it is somewhat dif¬ 
ferent. Here the plaintiff gets the court, before which 
the action is triable, to send a “ summons ” to the de¬ 
fendant, citing him to appear within a certain time and at 
a specified court to answer the “ complaint ” which the 
plaintiff has made against him. If the defendant fails 
to answer, judgment will be entered against him, and it 
is the duty of the sheriff to see that the judgment is car¬ 
ried out or executed. If the defendant files an answer 
to the complaint, a trial is then begun to determine who 
has right on his side. The steps in the trial are then 
much the same as in a criminal case. The plaintiff takes 
the place of the prosecution, and the defendant of the 
defense. 

Appeals.—Either party in a criminal or a civil case may 
appeal to a higher court if he thinks that the verdict is 
not in accord with the testimony, or if he feels that the 
judge has made some wrong rulings on points of law. 
The one who appeals is called the “ appellant,” and he 
presents all the data and arguments before the higher 
court for the purpose of getting the verdict reversed and 
having the case sent back to the lower court for a new 
trial; or he may even contend that the lower court did not 
have jurisdiction, that is, power to try the case, and ask 
to have it tried before a higher court. The court appealed 
to may dismiss the appeal, and in that case the verdict 
of the lower court stands. Under certain conditions, how- 


THE WORKING OF THE COURTS. 


59 


ever, the appeal may be carried higher than the first court 
appealed to, and may thus go on up to the Court of 
Appeals, and finally to the Supreme Court of the United 
States. 

Complications in Procedure. —From this sketch of pro¬ 
cedure in trials we can see how many delays can occur in 
the trial of an ordinary case. When lawyers wish to pur¬ 
sue a policy of obstruction and the judges are careless, 
weeks may be consumed in trying to get a jury. After one 
is found and the trial proceeds, it is frequently im¬ 
possible to get the unanimous decision of twelve men. 
If just one man out of the twelve fails to agree the whole 
case must be tried over again, and so it may be tried again 
and again until the parties are wearied and give up the 
suit. Even after a verdict is obtained the defeated party 
may appeal to a higher court on some technical exception 
to a ruling of the lower court. The judge in the lower 
court and the judge v the higher court may both be excel¬ 
lent judges, but there is always room for honest differ¬ 
ences of opinion about the small technicalities of the law, 
and so the higher judge may reverse the decision of the 
lower judge and order a new trial. Even if he refuses to 
do this, an appeal may be carried to still higher and higher 
courts. It is not surprising, therefore, to find that a case 
comes out of the courts some two or three years after it 
is started. 

Defects of the Jury System. —The question has some¬ 
times been asked whether a system under which cases 
would be heard and decided by a bench of several judges 
would not be more satisfactory than our present jury 


6o 


THE GOVERNMENT OF NEW YORK. 


system. It cannot be denied that the administration of 
justice by means of a jury is often very faulty. One of 
the reasons for this is found in the difficulty of securing 
men who are thoroughly qualified to serve as jurors. Sev¬ 
eral difficulties may be noticed: (i) In the first place, a 
great number of intelligent men are exempt from jury 
duty. (2) Then, too, the power of preparing the lists 
from which petit jurors are drawn is often placed with 
local officers who exercise it corruptly; men are chosen 
for political reasons, or under the influence of powerful 
attorneys or the parties to important suits. (3) Again, 
the most intelligent men on the list of petit jurors may 
be excluded from the trial jury of an important case on 
the ground that they have formed their opinion of the 
matter to be tried. (4) Attorneys are allowed to “ chal¬ 
lenge,” either with or without the statement of a cause 
or reason, the men whom they do not wish to see on the 
jury for a certain case. This serves to protect their clients 
against jurors who are prejudiced; it is also a means of 
so constituting juries that they may be easily influenced 
by skillful attorneys. (5) Finally, justice is sometimes 
defeated by the downright bribery of jurors—a crime of 
the most serious nature. 

In enumerating the reasons why jurors are sometimes 
incompetent, it must be said that too often the most capa¬ 
ble men shirk jury duty ; they begrudge the sacrifice of 
time that it involves, and they give both good and poor 
reasons why they should be excused from jury service. 
Thus are made possible many of the evils that we have 
noticed in the selection of jurymen. 

Advantages of the Jury System.—In spite of the many 



THE WORKING OF THE COURTS. 6i 

faults that appear in the workings of the jury system, its 
place in our government is stable, for it is founded upon 
important principles. Some arguments in its favor may 
be mentioned: (i) This system insures publicity in the 
proceedings of trials, and publicity is always a deadly 
enemy of bad government. (2) Again, juries decide 
the “ facts ” in suits at law, while the judge decides points 
of law. In the performance of their duty, then, the jury 
must exercise that “ common sense ” which is at the 
foundation of all justice. The plain judgment of one’s 
equals, though it may err in some cases, is, “ in the long 
run,” a safer guide than the judgment of any individual 
or any class. This idea is fundamental in a democracy.^ 

Necessity for Reform.—Our State has become more or 
less noted for the tardiness of its justice. Other States 
have no better judges and no better lawyers than ours, 
but their justice seems to be surer and quicker. This is 
due in a measure to better rules of procedure. In some 
States they have abolished the requirement of a unani¬ 
mous decision of a jury for a conviction; they have 
stopped the dilly-dallying in the selection of jurors, and 
they have made it impossible to take so many appeals. 
Speedy justice has been given in both criminal and civil 
cases, and the public has a great respect for the courts. 

With us the feeling seems to be growing that crim¬ 
inals too frequently escape the infliction of the penalty 
of their crime for a long time or altogether, and that 
dishonest men cannot be brought to justice because the 
injured are unwilling to take up a civil case which can- 

^ The paragraphs on the defects and advantages of the jury system are 
quoted from the complete edition of “ Our Government,” pp. 234 and 235. 


62 


THE GOVERNxMENT OF NEW YORK. 


not be settled for years. Our judicial procedure seems 
to be arranged to shield the criminal and the wrong¬ 
doer rather than to bring him to justice. The general 
public is over-humane in its treatment of him, and does 
not seem to realize that such an attitude is really to the 
injury of all the people by causing an increase in crime. 
As long, therefore, as the public and the voters do not 
seem to care whether it takes three weeks or three years 
to settle criminal and civil cases, just so long will our 
judicial procedure be faulty. In the end everything rests 
with the voters. If they sincerely wish an improvement 
they will have it. 

SUGGESTIVE QUESTIONS. 

1. The processes described in connection with trials can best 

be understood by the use of legal blanks which may be 
obtained from lawyers, local officers, or printing offices. 
The class should have blank forms for “complaints,” 
“summons,” “warrant for arrest,” “subpoena.” 

2. "What is the meaning of the words “petit” and “grand” 

used in connection with juries? 

3. Do lawyers favor the abolition or modification of our jury 

system ? 

4. What is the attitude of citizens of your acquaintance toward 

jury service? 

5. How do you account for the conflicting testimony given by 

witnesses in trials? 

6. Look up the origin of the petit and grand juries in some 

English history. 

7. In what way did the early English petit jury differ from that 

of the present day? Do you see a reason for having a 
unanimous decision of twelve men in the early days of the 
petit jury which does not exist with our jury system as it 
is to-day ? 


CHAPTER VIIL 


LOCAL GOVERNMENT: COUNTY, TOWN AND VILLAGE. 

Introductory.—So far we have concerned ourselves 
mainly with the central government of the State, and 
excepting the judicial department, said very little about 
the local government. In the case of the judiciary we 
found it necessary to study the local courts in connec¬ 
tion with the central courts because they were so closely 
bound together that one could not be made clear with¬ 
out a study of the other. The same is not true of the 
local legislative and executive bodies except to a small 
extent. So we have reserved the study of these for a 
special chapter. 

Divisions of the State.—New York State is divided 
into sixty-one counties. Each one of these is divided into 
districts known as “ townships ” or “ towns.” The word 
town is sometimes used loosely to mean any considerable 
group of dwelling houses, but the accurate meaning of 
the word is that which we have given it above. -In the 
town there may be only scattered farmhouses, or there 
may be one or several villages,” each with a circum¬ 
scribed area over which the officers of the village exercise 
a certain control. A whole town, or several towns, or 
even a whole county may be covered by the dwellings of 
a city.” When this is the case much of the local organ- 

63 


64 the government OF NEW YORK. 

ization of the county and town is superseded by a special 
government provided for in a “ city charter.” In all of 
these local units, county, town, village, city, there are the 
three departments of government—the legislative, execu¬ 
tive, and judicial—just as there are in the central gov¬ 
ernment of the State.^ 

The County.—The legislative department of the coun¬ 
ty is known as the Board of Supervisors. It consists 
of one supervisor for each town and each ward in a city 
elected every two years by the voters of such districts. 
The duties of the board are specified by the State Legis¬ 
lature. The most important are to raise money, to pro¬ 
vide for the building of roads, bridges, and county build¬ 
ings, and to care for the public property of the county. 

The executive department consists of the following offi¬ 
cials elected for three years: (i) The Sheriff, whose duty 
it is to preserve order, execute judicial orders, and be 
responsible for criminals confined in the county jail. (2) 
The County Clerk, whose duty it is to keep the public 
records, record all deeds and mortgages, and act as clerk 
of the Supreme and County courts. (3) The County 
Treasurer, whose duty it is to take charge of county 
moneys, and to keep an account of receipts and expendi¬ 
tures. (4) The District Attorney to prosecute criminals, 
give legal advice to other county officers and the grand 
jury, and to act as attorney for the county in suits brought 
by or against it. (5) The Superintendents of the Poor. 
There may be from one to three of these chosen by the 
Board of Supervisors. Their duties are to have charge 

* An examination of Richmond County in the map of New York City 
will show the old town boundaries within it like those of Middletown, etc. 


LOCAL GOVERNMENT; COUNTY, ETC. 


65 

of the poorhouse and the poor. (6) The School Com¬ 
missioners. Every county has one or more of these 
officials, according as the county comprises one or several 
school districts. Each is elected by the voters of his dis¬ 
trict and has charge of the schools in it. 

The county judiciary, consisting of the County Judge, 
the Surrogate, and the Coroner, has already been dealt 
with in the chapter on the judiciary, and does not need 
repetition here. 

The Town. —The town legislative department known as 
the Town Meeting consists of all the voters in the town. 
This meets regularly every two years unless called 
together more frequently at the request of twenty-five 
voters or of the town officers. Its duties are to elect 
town officers, to stop public nuisances, to care for the 
property of the town, and to raise and appropriate money 
for its needs. 

The town executive officers elected by the Town Meet¬ 
ing for two years are: (i) The Supervisor, who manages 
the finances and represents the town in the county legisla¬ 
tive department; (2) the Town Clerk, who keeps the 
town records; (3) the Collector, who collects taxes; (4) 
three Assessors, who place a value on property for pur¬ 
poses of taxation; (5) from one to three Commissioners 
of Highways, who have charge of roads and bridges; (6) 
one or two Overseers of the Poor, who have charge of 
the poor; (7) not more than five Constables, who pre¬ 
serve order and execute the orders of the Justices of the 
Peace; (8) four Inspectors of Election, who preside at 
town elections and receive and count the ballots. The 
Supervisor, Town Clerk, the Justices of the Peace, or any 


66 


THE GOVERNMENT OF NEW YORK. 


two of the justices form the “ Town Board,” whose duty 
it is to audit the accounts of town officers and claims 
against the town. 

The town judiciary consists of four Justices of the 
Peace, about whom we have spoken in the chapter on the 
judiciary of the State. 

The Village.—In parts of a town or sometimes covering 
a whole town there are thickly populated districts which 
have special needs beyond those taken care of by the town 
government. These call for a considerable outlay of 
money. Those who live in the town, but not in the vil¬ 
lage, are naturally unwilling to vote for expenditures 
from which they derive no benefit. Those living in the 
village, on the other hand, desire larger powers of taxa¬ 
tion and certain powers of incurring debt which the town 
does not have. To take care of these special needs a vil¬ 
lage government is incorporated under a general law of 
the State Legislature. Though the village has a govern¬ 
ment of its own with separate officers, it is still a part of 
the town. Those who live in the village may vote in the 
Town Meeting, help elect the town officers, and share all 
the burdens and benefits of town government. The vil¬ 
lager, however, has his village duties as well as those of 
the town. 

Classes of Villages.—The villages in New York State 
are divided into four classes: (i) Those having a popu¬ 
lation of 5,000 or more; (2) those having a population 
of from 3,000 to 5,000; (3) those from 1,000 to 3,000; 
(4) those under 1,000. For each one of these classes the 
State Legislature has passed laws relating to the details 
of government. 


LOCAL GOVERNMENT: COUNTY, ETC. 


67 

Incorporation of a Village.—When a community has 
reached the population required it may ask to be incor¬ 
porated as a village. This may be done by twenty-five 
freeholders in a territory not exceeding one square mile, 
or an entire town containing a population not less than 
two hundred, making application to the supervisor of the 
town. The supervisor may then call for a vote of the 
taxpayers living within the area specified, and if a ma¬ 
jority desire incorporation, a certificate to that effect is 
filed with the County Clerk and the Secretary of State, 
and a village government is set up. 

Village Government.—The legislative department of the 
village is known as the Board of Trustees. This con¬ 
sists of the Village President and from two to eight other 
members, all of whom must be taxpayers, elected by the 
qualified voters for a term of two years. The duty of this 
board is to make by-laws for the government of the vil¬ 
lage, to raise and appropriate money, to maintain water¬ 
works, sewers, sidewalks, streets, police and fire depart¬ 
ments, to regulate markets and street lighting, and to 
audit all accounts and claims against the village. 

The executive department consists of officers who are 
usually elected by the qualified voters for one year: (i) 
The Village President, who sees that the by-laws are en¬ 
forced and has general charge of village affairs; (2) the 
Treasurer, who receives and pays out the village money; 
(3) the Clerk, who keeps the village records and the pro¬ 
ceedings of the Board of Trustees; (4) three Assessors, 
who place a value on property for purposes of taxation; 
(5) the Collector, who collects taxes; (6) a Street Com¬ 
missioner; (7) a Fire Commissioner; (8) a Water Com- 


68 


THE GOVERNMENT OF NEW YORK. 


missioner; (9) a Light Commissioner, whose duties are 
obvious from their titles. 

A village need not necessarily have all of these officers, 
or it may have others such as Sewer Commissioners and 
Cemetery Commissioners; but every village must have a 
Board of Health consisting of from three to seven mem¬ 
bers appointed by the Board of Trustees. 

The judicial department of the village consists of a 
Police Justice elected for four years. He tries minor 
criminal offenses and violations of the village by-laws. 

Character of Local Government. —In the government of 
our counties, towns, and villages we have been very suc¬ 
cessful. They are forms of government with which our 
English ancestors had been familiar for centuries. The 
population in these local districts is not too large to be 
unwieldy. In the government there is no fine system 
of checks and balances. All the departments of govern¬ 
ment work harmoniously and smoothly. Then, again, the 
governments of these local units are conducted on a 
strictly business basis. Most of the people concerned are 
property holders, and are therefore interested in having 
the governments run on an economical basis. Everyone 
takes a direct interest in the government. If there is any 
corruption, and taxes increase, the property owner feels it 
immediately and wishes to know the reason why. In the 
villages the voter who does not pay direct taxes cannot 
vote on a question involving the expenditure of money. 
Thus what is to be spent is directly in the hands of those 
who are most interested in seeing corruption kept out and 
expenses kept down. Having a feeling of ownership in 
the district, they have a pride in seeing it well managed. 


LOCAL GOVERNMENT: COUNTY, ETC. 


69 

Good and efficient officers are elected year after year re¬ 
gardless of party politics. They are regarded like the 
officers of a large business company, and are kept in office 
as long as their services are good. 

Faults of Local Government.—Unfortunately the above 
remarks are not true of all counties, towns, and villages. 
In some of them during recent years there has been grow¬ 
ing up a considerable population of non-property hold¬ 
ers. Except in the villages these have the same rights 
as owners of property, and even in the villages they have 
the right to vote for village officers. Having no direct 
interest by a feeling of part ownership they vote for bad 
officers and for the expenditure and borrowing of large 
sums of money. There is now, however, a provision in 
the State Constitution restricting the expenditures of 
counties, towns, and villages, and the amount of money 
they can borrow. This is a good provision, but it does not 
do away with the evil which threatens to undermine the 
good qualities of our local governments. This evil lies 
in giving to everybody, whether he has any property in¬ 
terests or not, the privilege of voting on matters in which 
he has no real ownership. This makes him careless of 
the way he votes, for he does not care so long as he thinks 
that he does not have to bear the burden of heavy taxa¬ 
tion. The property owners, feeling that they will be out¬ 
voted, do not attend the town meetings, but stay at home 
and object to the heavy taxes that they have to pay. 
They scarcely deserve sympathy for taking such an atti¬ 
tude. 

Remedies for the Faults.—To keep our local govern¬ 
ment up to its old standard of excellence one of two steps 


70 


THE GOVERNMENT OF NEW YORK. 


seems necessary. Either the voting power must be given 
only to those who have property and pay direct taxes, 
or, if all are to be allowed to vote, then they must be 
made to realize by education that increased taxation bears 
just as heavily on those who do not pay direct taxes as 
on those who do. This will be clear, if you will remem¬ 
ber that all of us have to live in some dwelling. If we 
do not own it we have to pay rent. If direct taxes are 
increased the landlord is not going to bear all the burden, 
but makes us bear our share of it by increasing the rent. 
In the same way we bear our portion in the increased 
prices of the things we buy. If every voter realized this 
thoroughly he would not be so ready to vote for heavy 
expenditures. The difficulty of making him realize it 
is so great that some think it would be best to put the 
power of voting, in local governments at least, solely in 
the hands of those who pay direct taxes. The better way, 
of course, would be to have every voter well enough edu¬ 
cated to vote intelligently and to realize that he as well 
as the direct taxpayer is interested in seeing the govern¬ 
ment run well and economically. 

SUGGESTIVE QUESTIONS. 

1. See the questions on pages 6, 12, and 18 of “Our Government.” 

2. Find out the names of the men who are holding the offices in 

your county, town, and village governments. 

3. When the privilege of voting has once been given is it an 

easy matter to take it away ? Who has the power to 
change the qualifications for the privilege of voting in our 
local governments? 


CHAPTER IX. 


LOCAL GOVERNMENT: CITIES. 

Definition and Origin of Cities. —The city is in reality 
a large village. It may cover one town or several towns, 
one county or several counties. Cities existed in New 
York before there were incorporated villages. In Eng¬ 
land cities, under the name of boroughs, grew out of 
villages. Just as a village on account of its population 
needed a different form of government from that of the 
town, so a city on account of its larger population needed 
a different form of government from that of a village. 
When a village is incorporated the town government re¬ 
mains, but when a city is incorporated the town govern¬ 
ment ceases to exist. 

Number of Cities. —Population centers in certain dis¬ 
tricts largely because of manufacturing and commercial 
advantages which they have. Though there were four 
cities in New York before 1800, it was during the nine¬ 
teenth century, when manufactures and commerce grew 
with such great rapidity, that the number of cities was 
increased to forty. 

Classification of Cities. —In this State the cities are 
divided into three classes: (i) Those which have a popu¬ 
lation of 250,000 or more—New York City and Buffalo; 
(2) those which have from 50,000 to 250,000—Roches- 

71 


72 


THE GOVERNMENT OF NEW YORK. 


ter, Albany, Syracuse, and Troy; (3) those which have 
less than 50,000. 

General and Special Laws. —The classification of cities 
was largely made for the convenience of the Legislature 
in making laws affecting cities, and in granting charters 
incorporating them. Many evils had arisen from the 
Legislature’s enacting special laws affecting only cer¬ 
tain cities, and there was placed in the present State 
Constitution a clause restricting the Legislature in this 
matter. The Legislature may pass general laws affecting 
the cities of one or more classes, but if it enacts a special 
law affecting a special city or cities, such law is subject 
to veto by the mayor of cities of the first class, and by 
the mayor and legislative body of cities of all other classes. 
The Legislature may, however, repass the law over the 
veto, and it then goes to the Governor. 

Charters. —Every city when it is incorporated receives 
a charter or body of rules from the Legislature. In the 
case of cities of the second class the Legislature has 
attempted to make a uniform charter, but in the case of 
all other cities it has granted a special charter of incor¬ 
poration to each. Thus there are but a few cities in the 
State that have exactly the same government. They all 
differ in details, but are all alike in having the three 
departments of government—legislative, executive, and 
judicial—described in the chapter on cities in the first 
part of this volume. 

Mistakes of City Charters. — In drawing up the city 
charters our legislators early made the mistake of look- 


LOCAL GOVERNMENT: CITIES. 


73 


ing upon the city government as they did on the Na¬ 
tional and State governments. They thought that all 
the checks and balances to be found in those should be 
put in city government. No one officer should be given 
much power, but it should be divided among several. 
They did not seem to realize that such division of power 
was not so necessary in a city government as it was in the 
National government. Their model, instead of being the 
National government, should have been a large business 
company or corporation. Their objects should have been 
not to have checks and balances, but to have the city 
government working as smoothly as possible. Greater 
power and responsibility should have been given to each 
officer, so that if anything went wrong the voters would 
have been able to pick out immediately the official whose 
fault it was. But where nothing could be done unless 
several different officials or departments gave their con¬ 
sent to it, if anything went wrong each would put the 
blame on the others, and the voter would not be able to 
find out just which one was responsible. Instead of serv¬ 
ing as a check on each other they all served as shields to 
corrupt action. Under the circumstances a great deal of 
crookedness went on, and the voter could not discover 
where it was. 

Old and New Charters.—Such was the state of affairs 
when the celebrated Tweed Ring ruled New York City 
from 1869 to 1871. After its overthrow the best citizens 
saw that great changes would have to be made in the gov¬ 
ernment of the cities if corruption was to be kept out. 
From that time to the present day, therefore, they have 
been working for changes along certain lines. These 


THE GOVERNMENT OF NEW YORK. 


74 

have been: (i) to give a great deal of power, and 
therefore responsibility, to the Mayor, by putting into his 
hands the appointment of almost all the heads of the 
important administrative departments, and making him 
responsible for them; (2) to increase the length of the 
term of office of the Mayor so that he may have ample 
time to work out the problems of city government; (3) 
to put all minor city employees on a reformed civil-serv¬ 
ice basis, and thus remove from them the temptations of 
corrupt party politics; (4) to abolish the system of two 
houses in the city legislature and to have only one house; 
(5) to take away many of the powers of the one legis¬ 
lative house left, and to put such into the hands of a few 
officials; (6) to give to the cities far larger powers over 
their own local affairs and subject them less to the con¬ 
trol and interference of the State Legislature. How 
much has been accomplished along these lines is to be 
seen best from a comparison of the government of Buf¬ 
falo, which in a measure represents the old form, with 
that of New York City, which represents the new. 

New York City. —The last charter of this city, passed 
in 1901, and with the amendments made to it in that 
and subsequent years, forms a good-sized book. It 
contains 209 large pages. Like all charters, it opens 
with a definition of the boundaries. New York City 
covers the counties of New York, Richmond, Kings, and 
Queens, a total area of nearly 327 square miles, and has 
a population of over 4,000,000. For the purposes 
of administration, election of cfiFicers, etc., the territory 
is divided into 5 borcughs, 66 wards, and 73 aldermanic 
districts. 


















LOCAL GOVERNMENT: CITIES. 


75 

Legislative Branch.—The legislative branch of the city 
government consists of one house, called the Board of 
Aldermen, the second house known as the Council hav¬ 
ing been abolished. In this body there are seventy-three 
aldermen—one elected from each aldermanic district, the 
President of the Board—elected by the city at large, and 
five Borough Presidents—one elected from each borough, 
making a total of seventy-nine members. The aldermen 
hold office for two years. They elect the City Clerk, 
who holds office for six years and keeps the record of 
proceedings. The powers of this board are such as ordi¬ 
narily belong to the Board of Trustees of a village. They 
include the making of municipal ordinances concerning 
the conduct of the citizens, the appropriation and bor¬ 
rowing of money, and the fixing of certain salaries. The 
Mayor may veto any measure passed by the board, and it 
can be passed over his veto only by a two-thirds vote for 
ordinary bills, and a three-fourths vote, if the measure is 
one involving taxes and expenditures. The character of 
the men chosen to the Board of Aldermen has not always 
and uniformly been of the best, and the Legislature of the 
State has shown a tendency to reduce its powers more 
and more. In matters of finance it can practically do 
nothing in the way of increasing expenses without the 
consent of the Board of Estimate and Apportionment, but 
the latter can in many cases appropriate money without 
the consent of the Board of Aldermen. One of the re¬ 
cent acts of the State Legislature has been to take away 
from the Board of Aldermen the power over franchises, 
and to place this in the hands of the Board of Estimate 
and Apportionment. Many citizens are now urging the 
abolition of the Board of Aldermen altogether, as a body 


76 the government of new YORK. 

which has outlived its usefulness. They hope to have 
its powers given to a smaller and more responsible board 
elected at large and not by districts. 

The Executive Branch.—At the head of the executive 
branch of the city government stands the Mayor. The 
Mayor holds office for four years. To assist him and 
be directly responsible to him in carrying out the du¬ 
ties which he has to perform the Mayor appoints: 
(i) The Corporation Counsel, who gives legal advice 
to the city officials and attends to suits brought by 
and against the city; (2) the Commissioner of Police; 
(3) the Commissioner of Water Supply, Gas, and Elec¬ 
tricity; (4) the Commissioner of Street Cleaning; (5) 
the Commissioner of Bridges; (6) three Commissioners 
of Parks; (7) Commissioner of Public Charities; (8) 
Commissioner of Correction; (9) Fire Commissioner; 
(10) Commissioner of Docks and Ferries; (ii) five 
Commissioners of Taxes and Assessments; (12) forty- 
six members of the Board of Education, appointed for 
five years, which in turn appoints the City Superintendent 
of Schools and other Associate Superintendents. These 
form the Board of Superintendents, and in its hands 
is placed the actual running of the schools of the city, 
though the Board of Education has it within its power to 
overrule it. The Board of Education also appoints a 
Superintendent of School Buildings, a Superintendent of 
Supplies, and a Supervisor of Lectures; (13) Commis¬ 
sioner of Health; (14) Tenement Plouse Commissioner; 
(15) Commissioners of Accounts; (16) Municipal Civil 
Service Commissioners. With the exception of the mem¬ 
bers of the Board of Education, all of these officers are 


LOCAL GOVERNMENT: CITIES. 


77 

absolutely responsible to the Mayor and are removable 
by him. 

Finance Department of the Executive_The finance de¬ 

partment of the city executive is not controlled by the 
Mayor. It consists of the following officers: (i) The 
Comptroller, elected for four years by the whole city and 
having supervision over all matters pertaining to receipts 
and payments of money, and debts contracted by the city; 
(2) the Chamberlain, appointed by the Mayor and having 
custody of the city funds—his duties are the usual duties 
of a Treasurer; (3) four Commissioners of the Sinking 
Fund, who are the Mayor, the Chamberlain, the Presi¬ 
dent of the Board of Aldermen, and the Chairman of the 
Finance Committee of the Board of Aldermen. The prin¬ 
cipal duty of this commission is to see that proper provi¬ 
sion is made for the payment of the city debt; (4) the 
Board of Estimate and Apportionment, consisting of the 
Mayor, the Comptroller, the President of the Board of 
Aldermen, and the five Borough Presidents. In the hands 
of this small board practically rests the control of all ex¬ 
penditures of the city funds. It estimates the expenses 
for the coming year and apportions the funds among the 
various departments, which all submit estimates for this 
purpose. The Board of Aldermen may decrease, but it 
may not increase the estimates thus made and submitted 
by the Board of Estimate and Apportionment. The 
amount of debts which the city may contract is limited by 
the Constitution. 

Judicial Branch.—Besides a special arrangement of 
the County Court, which exists for New York County, 
and the regular county system of courts for the other 


THE GOVERNMENT OF NEW YORK. 


counties in New York City, there are the Municipal 
Court, the Court of Special Sessions, and the City Magis¬ 
trates. These have been described in the chapter on the 
judiciary of the State, but there is to be noted about them 
the power of appointment which the Mayor has in the 
case of the Justices of the Court of Special Sessions and 
in that of some of the City Magistrates. 

Boroughs. —New York City is so large that it is divided 
into five boroughs—Manhattan, the Bronx, Brooklyn, 
Queens, and Richmond—for the purposes of more effect¬ 
ive administration in those localities. The voters of each 
of these choose every four years a Borough President. 
His most important duties are those relating to local im¬ 
provements in his borough. These include the grading, 
curbing and guttering of streets, the construction, repairs 
and cleaning of the sewers and of certain public buildings, 
the erection and care of public baths, and the placing of 
street signs. He appoints (i) the Commissioner of Pub¬ 
lic Works and (2) the Superintendent of Buildings within 
his borough. He is the head of the Local Improvement 
Boards, which consist of himself and the aldermen of the 
aldermanic districts lying within each of the Local Im¬ 
provement districts into which the borough is divided. 

The City of Buffalo. —Buffalo, in Erie County, has a 
population of about 400,000 and an area of about forty- 
two square miles. For purposes of administration and 
election of officers it is divided into twenty-five wards. 

The Legislative Branch. —The legislative branch of the 
Buffalo city government is of the old type and has two 
houses: (i) A Board of Councilmen, nine members 


LOCAL GOVERNMENT: CITIES. 


79 


elected for four years, and (2) a Board of Aldermen, 
twenty-five members elected, one from each ward for two 
years. They elect a City Clerk. Their powers are much 
the same in kind, but greater in scope than those now ex¬ 
ercised by the Board of Aldermen of New York City. 
As the assent of both houses is needed for any measure, 
there is much wrangling between them and much delay. 

The Executive Branch. —The Mayor is elected for four 
years, but he has far less power than the Mayor of New 
York City. Less than half of the heads of executive de¬ 
partments are appointed by him, the others being elected 
by the people. In the Department of Finance the Comp¬ 
troller and the Treasurer, in the Department of Assess¬ 
ment the three Assessors, in the Department of Law the 
Corporation Counsel, in the Department of Public Works 
the Commissioner, in the Department of Education 
the City Superintendent, and in the Department of the 
Poor the Overseer, are all elected, and the Mayor has 
but little control over them. He appoints two Police 
Commissioners, a Commissioner of Health, three Fire 
Commissioners, five Park Commissioners, and five Ex¬ 
aminers of the Board of Education. The Mayor may 
for cause remove all city officials with but a few excep¬ 
tions. It will be noticed how frequently there are several 
commissioners instead of one in a department. That is 
the way it used to be in New York City, but it was found 
far better to have one commissioner, as he cannot dodge 
responsibility. Also to be found absent from the Buffalo 
executive branch is that body which has worked so well 
in New York City—the Board of Estimate and Appor¬ 
tionment. 


8o 


THE GOVERNMENT OF NEW YORK. 


Judicial Branch.—In Buffalo the judicial branch of the 
city government consists of three courts: (i) The Mu¬ 
nicipal Court—two judges elected for six years, with 
civil jurisdiction; (2) the Police Court—a Police Jus¬ 
tice elected for four years, with criminal jurisdiction; (3) 
the Justices’ Courts—three justices elected for four years, 
with special criminal jurisdiction in connection with the 
police department. It is to be noted in contrast how 
many judicial officials are appointed by the Mayor of 
New York City. 

Cities of the Second Class.—In providing for the gov¬ 
ernment of cities of the second class—Rochester, Syra¬ 
cuse, Albany, and Troy—the Legislature followed those 
lines of development which we have already noted as 
being followed in the case of New York City. In the 
legislative branch there is only one house; in the execu¬ 
tive branch the Mayor has very large powers of appoint¬ 
ment, and there is a Board of Estimate and Apportion¬ 
ment with almost the same powers as that in New York 
City. Thus has the movement gone on for giving the 
officials of our cities greater power and greater responsi¬ 
bility. The tendency now is to organize cities like great 
business corporations, and we may regard this as an 
excellent sign. 

Criticism of Our City Governments.—^It is generally con¬ 
ceded that in no form of government have the Ameri¬ 
cans made a greater failure than in municipal government. 
In New York State we have in the past failed as much 
in this form of government as have the people in the 
cities of other States of the Union. Corruption and in¬ 
competence among city employees have been very great. 


LOCAL GOVERNMENT; CITIES. 


8i 


extravagant expenditures of money have gone on with¬ 
out check, great debts have been incurred, and the State 
Legislature by special bills has frequently interfered to 
make matters worse. 

Causes for the Evils. —These evils have been due to 
several causes: (i) Large numbers of foreigners have 
flocked to our cities. Having the privilege of voting, 
but not understanding our institutions, they have been 
led blindly to follow and vote for corrupt men. This must 
not be emphasized too much, however, because in some 
of our cities where Americans prevail in numbers there 
has been just as much corruption. (2) The lack of a 
property qualiflcation for voting may be given as a sec¬ 
ond cause. Voters who have no property and do not have 
to bear the burden of direct taxation are not so careful 
about voting for extravagant expenditures as are those 
who have to bear the burden. (3) The educated and 
well-to-do citizen has been indifferent and has not even 
gone to the polls to vote because of a feeling that what 
little good he might do by it would be entirely nullifled 
by the great number of votes of the illiterate class and 
those who have no interest in seeing expenses kept down 
and the government well run. (4) The municipal elec¬ 
tions have been held at the same time as National and 
State elections, so that the real city issues have been for¬ 
gotten and votes cast with only the National and State 
issues in mind. (5) The city governments have been 
run in the interests of the great State and National po¬ 
litical parties. (6) The State Legislature has constantly 
interfered in the purely local affairs of the cities and has 
refused to give them any but a small measure of ‘‘ home 


82 


THE GOVERNMENT OF NEW YORK. 


rule” in such matters. (7) The cities have grown so 
rapidly in population and area that the expenses incurred 
for the laying out and paving of new streets and other 
necessary improvements have all come at once and caused 
a much larger debt than would otherwise have arisen. 
(8) The cities have attempted to enforce restrictions 
against gambling and drinking which would be impos¬ 
sible in even the most successfully governed European 
cities. (9) Lack of foresight in making provision for 
public parks when land was cheap has caused heavy 
expenditures for them when it had grown expensive. 
(10) The worst evil of all, however, is a moral one. 
Ordinary business men who are honest in their private 
affairs have seemed to regard the city treasury and city 
franchises as proper objects for plunder. They have fur¬ 
thermore disregarded city ordinances and bribed officials 
to allow them to do so. On their shoulders rests the 
blame for much of the corruption which has shown itself 
in our city governments. 

Remedies Applied. — (i) The Municipal Civil Service 
has been very extensively reformed. Minor positions 
are now given according to the grading received in exami¬ 
nations. The holders of them remain in office year after 
year, no matter what party may win in the election. 
Thus positions can no longer be awarded for party serv¬ 
ices or for the payment of a bribe. (2) Clauses have 
been placed in the State Constitution limiting the indebt¬ 
edness of cities, and restrictions placed on the Legislature 
in passing special acts in regard to cities. (3) The time 
of holding municipal elections has been placed on a dif¬ 
ferent date from those of the National and State elections, 



LOCAL GOVERNMENT: CITIES. 


83 

and in many cities a party has sprung up which interests 
itself in city affairs alone. This has interested many 
citizens in city affairs who previously did not care enough 
about them to vote. 

Existing Evils.—In recent years we have made great 
improvements in the government of our cities in this 
State. Though we have got rid of many evils, there are 
others which we should do our best to have done away 
with. (I) One of these is the tendency on the part of 
our mayors to appoint party leaders as heads of depart¬ 
ments. These men know nothing of the work of their 
departments and are constantly making serious blunders. 
To make matters worse the departments do not work to¬ 
gether well. Authority over the same thing is frequently 
divided among several, each one giving orders without 
reference to what the others are doing. This explains, for 
example, why it is that sometimes streets are no sooner 
nicely paved by one department than they are torn up by 
the orders of another to lay gas pipes, electric-light wires, 
etc. (2) A second is the almost unlimited privilege of 
voting. Some reformers think we should do well to put 
in force the rule which we have in our villages, that is, 
when questions of taxation and expenditure are involved, 
only those who are direct taxpayers have the privilege of 
voting. The institution of a Board of Finance for whom 
only the direct taxpayers could vote would accomplish this 
end. (3) A third evil is that we still try to do too much. 
There are certain moral evils in our cities, such as drink¬ 
ing, gambling, and the like, which we should be much 
more successful in dealing with if we tried to regulate 
them rather than to stamp them out. (4) Unrestricted 


84 


THE GOVERNMENT OF NEW YORK. 


immigration brings to the cities hordes of foreigners. The 
city has to undertake the education of these and of their 
children. This is a great burden on the finances. The 
National government, which is largely responsible for this 
condition of affairs, does not bear any of the cost. (5) 
Hasty extravagance in finance is another evil. Works 
are undertaken and completed which might well be left 
to future generations. * (6) In one way or another the 
State Legislature still interferes too much with matters 
which should be left to the people in the cities themselves 
to decide. When the cities wish to do something which 
merely concerns themselves they must first go to Albany 
to get permission through legislation. (7) Valuable 
franchises are granted to corporations, and the cities do 
not receive sufficiently good prices for them. (8) Pri¬ 
vate citizens and large corporations still violate municipal 
ordinances, and when called to account buy up or try to 
buy up the officials whose duty it is to enforce them. 

Influence of the Newspapers.—The subject of the cities 
cannot be left without saying something about the influ¬ 
ence for good which our newspapers have had. Corrup¬ 
tion and inefficient government are killed by publicity. 
This the ever-watchful press has given them. The good 
citizen will always be a reader of the newspapers. Ab¬ 
sorbed in business, as the average man is, he has too little 
time to uncover the schemes of crafty politicians. For 
this he must rely upon the press, and the faithful reading 
of it will make him an intelligent voter and citizen. 

SUGGESTIVE QUESTIONS. 

I. See the questions and references on pages 29, 30, and 31 of 
“Our Government.” Make replies to them for the city in 


LOCAL GOVERNMENT: CITIES. 85 

which you live, or for the city nearest to the place where 
you live. 

Consult or obtain the following: (a) City Charter; (b) City 
Ordinances; (c) Municipal Manual; (d) annual reports of 
the various departments or boards; (e) printed forms used 
in the offices of the city clerk, treasurer, and assessors; 
(f) copy of a declaration of taxable property; (g) tally sheets 
and records used at the polls; (h) sample ballots; (i) legal 
notices from the daily newspapers. 


CHAPTER X. 


NOMINATIONS AND ELECTIONS. 

Introduction. —Down to this point in our narrative we 
have been mainly concerned with an outline of the cen¬ 
tral and local governments in New York State, and their 
working. The State has so many activities, and does so 
much, that we might spend many more chapters in de¬ 
scribing the management of the departments of agricul¬ 
ture, of public lands, canals and navigation, and so on, 
but for our purposes it will be sufficient if we devote this 
and the following chapters to the treatment of a few 
selected topics: (i) Nominations and Elections; (2) 
Local Taxation; (3) State Finance; (4) Education; (5) 
Amendments to the Constitution. 

Importance of Elections. —If all government could be 
carried on after the style of the Town Meeting we should 
have very little to say of elections. In some cantons of 
Switzerland the government is conducted in that way. 
The citizens all assemble in one place, make known their 
wishes, and then go to their homes. But such a simple 
method can exist only where the area of the State and 
its population are very small. When these have increased 
very much in size there is no place large enough for the 
meetings to be held where anyone can make himself 
heard, and the distance to travel is so great that only the 

86 


NOMINATIONS AND ELECTIONS. 87 

few who live near the meeting-place can attend. Under 
such circumstances a method has to be devised by which 
the ordinary citizen can make his wishes known, and yet 
not have to attend the meeting himself. He and his 
neighbors elect a representative to go to the meeting and 
make known their wishes. That is why elections are 
important, because through them the ordinary citizen is 
enabled to take part in the government. 

Who Take Part in Elections.—Not all the people who 
live in the State or district take part in elections, for vot¬ 
ing is a privilege and not a right. If those who enjoy 
the privilege do not see fit to admit others to it there is 
no legal or peaceable way by which they can be compelled 
to do so. All people under age, foreigners not naturalized, 
women, and many others are not allowed the privilege 
of voting, though they may have the protection of the 
laws and every other right and privilege that the voter 
has. Even a man who has had the privilege of voting in 
one district in the State may not have the same privilege 
in another district unless he has all the “ qualifications for 
voters ” mentioned in Chapter 11 . 

Political Parties.—It has been usual from earliest times 
for those who held the same ideas on certain questions of 
government to group themselves together and try to 
choose their man to run the government to suit them. 
At first these groups had no organization, but New York 
State was one of the first in which parties began to have 
a regular organization with recognized leaders. From 
our study of history we know that the two first parties 
after the Revolution were the Federalists and Anti-Fed- 



88 


THE GOVERNMENT OF NEW YORK. 


eralists. The latter afterwards took the name of Repub¬ 
licans. After the War of 1812 the Federalists died out, 
and the Republicans had things all their own way for 
a time. At the time of Jackson they split into two parts 
—the Democratic Republicans and the National Repub¬ 
licans. The latter finally took the name of Whigs, and 
then split up into a large number of different parties on 
account of the slavery question. Ultimately out of all 
these grew up a party which called itself the Republican 
party. The old Democratic Republicans had dropped 
the latter portion of their name and called themselves 
Democrats. The new Republican party was victorious 
in the elections just preceding the Civil War, and ever 
since that time there have been two chief parties in our 
State—the Democratic and the Republican. There have 
been, and there are now, numerous other parties, but of 
these we have no space to treat. 

Organization of a Party.—Parties are, of course, private 
organizations, and do not form a part of the government 
of the State. Any expenses to which they may be put are 
paid for by subscriptions from members. The objects of 
organized parties are to hold voters of the same political 
opinions together, to nominate a man for office who will 
carry out those opinions, and to get him elected. To 
accomplish the above objects in a State having a large 
population and a large area requires a somewhat compli¬ 
cated organization of parties. Any group of men desir¬ 
ing to be recognized by our State as a party with the 
rights of organization must show that they polled at 
least 10,000 votes at an election at which a Governor 
was chosen. The business of a party is managed by an 



NOMINATIONS AND ELECTIONS. 


89 

elected committee. As each party is a private affair it 
may have an organization to suit itself, except in so far 
as the State Legislature has stepped in to regulate certain 
matters. No two parties are therefore exactly alike in 
the details of their organization, but in general they are 
very similar. 

The Primary. —We saw that government by means of 
representatives grew up because of a large area and popu¬ 
lation. In the same way a representative system had to 
be devised for making nominations for office. In small 
districts, such as the town, nominations for office can be 
made directly by a meeting of all the voters of a party, 
just as the government can be carried on by the town 
meeting, but in a larger and more densely populated dis¬ 
trict nominations have to be made by the representative 
plan. To make nominations in a small district, all that 
is necessary is a meeting of the voters of a party in that 
district. This is known as the “ primary.” In the State 
the district for a primary is usually a town, but in the 
cities primaries are held in the Assembly Districts, the 
city wards, or in districts known as “ election districts,” 
comprising about four hundred voters. Each political 
party has its own special system in these matters. This 
primary makes nominations for the local offices, or elects 
delegates to a convention which has such nominations in 
charge, and, at the election, the names of these nominees 
appear on the ballot with the names of those who have 
been nominated after much the same fashion by other 
parties. The duty of the primary does not end here. It 
elects a committee, or officers of its own, whose duty it 
is to look out for the interests of the party in the district. 


90 


THE GOVERNMENT OF NEW YORK. 


Conventions.—Delegates are chosen by the p/imaries to 
attend the County Convention and the Assembly District 
Convention. In the cities the primaries also choose dele¬ 
gates to attend the City Convention. This convention 
makes nominations for the general city offices. The 
County Convention makes nominations for county offices, 
and selects a committee and officers to conduct meetings 
and take care of party interests in the county. The Assem¬ 
bly District Convention does the same thing for its district 
and also elects delegates to the State Senate District Con¬ 
vention, the State Judicial District Convention, the Con¬ 
gressional District Convention, and the State Convention, 
when elections are going to take place in these various 
districts. All of these conventions perform much the 
same duties and functions as the conventions of smaller 
districts. They all have special duties besides. The State 
Senate District Convention nominates a man for office in 
the State Senate. The State Judicial District Convention 
nominates men for the offices of State Supreme Court 
Judges from the district. The Congressional District 
Convention nominates a man for the office of Represen¬ 
tative in the Federal House of Representatives, and, in 
Presidential election years, elects two delegates to attend 
a National Convention of the party. The State Conven¬ 
tion makes public the principles and doctrines of the 
party, nominates men for State offices, such as the Gov¬ 
ernor, Lieutenant-Governor, etc., and, in Presidential 
election years, nominates the party’s “ electors ” of the 
President and elects four delegates-at-large to the Na¬ 
tional Convention. 

National Convention.—The delegates chosen by the Con- 


NOMINATIONS AND ELECTIONS. 


91 

gressional District Conventions of the State, and the four 
delegates-at-large attend the National Convention of the 
whole party. Here committees and officers of the party 
are chosen, the principles and doctrines of the party 
known as a “ platform ” are drawn up, and men are nomi¬ 
nated for the offices of President and Vice-President of 
the United States. 

Irregularities.—Complicated as this method of making 
nominations may seem, it is in reality not nearly so sim¬ 
ple or so regular as it appears here. If we were, however, 
to give all the details and the many exceptions, we should 
have to occupy an entire book with them. 

Time of Holding Primaries.—The regular primaries are 
held on the seventh Tuesday before election day. In the 
year of a Presidential election it is the tenth Tuesday, 
and there is also in that year an extra primary held on the 
last Tuesday in March for the purpose of choosing dele¬ 
gates to conventions which have to do with the National 
Convention. 

Voting in Primaries.—On account of the frauds prac¬ 
ticed in primaries, the State has found it necessary to 
pass very strict laws in regard to their management. 
Only those regularly enrolled as members of the party 
in the district are allowed to vote. The committee 
chosen by the primary arranges for the time and place 
of meeting, and sets the hours between which the mem¬ 
bers may make their nominations for local officers and 
for delegates to conventions. Any attempt at fraud, such 
as refusal to allow the ballot box to be inspected before 


92 


THE GOVERNMENT OF NEW YORK. 


the voting begins, and allowing non-members to vote, 
and counting the vote in secret, invalidates the nomina¬ 
tion. When the primary has finished its work, it has set 
in movement the whole machinery of the nominating con¬ 
ventions which we have mentioned above. 

Rival Delegations.—It frequently happens that two sets 
of delegates are sent by some primaries to a convention, 
or from a lower to a higher convention. These cause 
endless disputes, which are sometimes settled only by 
allowing each delegation to cast half the vote to which 
the delegation is entitled. 

Instructed and Uninstructed Delegations.—It is com¬ 
mon for the primary to “ instruct ” their delegates how 
to vote in the conventions to which they are chosen. If 
this convention chooses delegates, these in turn are in¬ 
structed how to vote at a higher convention. The dele¬ 
gates are, however, frequently sent “ uninstructed,” and 
are thus allowed to use their best judgment as to whom 
they shall vote for in a nominating convention. 

Independent Nominations.—Nominations for office may 
be made by other means than by the use of a party organ¬ 
ization such as that sketched above. For example, if six 
thousand or more voters wish to nominate a certain man 
for Governor, they may sign an “ independent certificate 
of nornination,” send it to the official who has charge of 
the ballot, and their candidate’s name will appear thereon. 
For officials elected by smaller districts than the whole 
State the number of names required for an independent 
nomination is less—that required for a town official, for 
instance, is only one hundred. 



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fot EleHon of PtT*>4«M m 4 
Vm- ProldmL 
FRANCIS E BALDWIN. 


ROBERT SCOTT. 


CHARLES W McLELLAN 


TIMOTHY N HOLDEN. 


OEORCECETHIN. 


EMORY CUMMINGS 


JOHN UcKEE. 


CHARLES K Ej^TIMEIL 


JEREMIAH T. BROOK& 


ALBERT T HULL. 


CLARENCE M LYON. 


JAMES C RIDER. 


MITCHELL DOWNING. 


Fe« Gexroor, 


Fe« Gexroor.i, 
CHARLES H COR^CaN 


iJroMMal' CoM'fi a r 
PHY i. WOODRUFF 


Fof LwMfntAi Go«<rao>, 
LEANDER ARMSTRONG. 


Far Trtwva 
JOHN F lAECKEU 


o 


REPUBLICAN Tiaer 

For President, 
WILLIAM McKinley. 

For Vice-President, 
ITHEODORE ROOSEVELT 


EM.ANUEL W BLOOMtNCDALE 


F«« Elccioc, of Pnu«c« a»4 

V.r«.Ff«,>a«OI, 
EDWARD H BUTLER 


FRANCIS t MITCHELL 


SAMUEL I U'.OERHILL 


SAMUF.L ROWLAND. 


MICHAEL ) DADY 


CHARLES H RUSSELL 


lOKN KISSEL 


HENRY C FISCHER 


JOSEPH SIMONSON 
WILLIAM B BILLINGS 


HERMAN J KATE 
FRANK TILFORD 


SAMUEL S KOENIG. 
ARTHUR P STVRCES 


JAMES YBREANCE 


WILLIAM SHERER 


PRANK V. MILLARD 


CLARENCE LEXOW 


lOKN N COROTS 


PETER HrCARTHF- 


SAMOEL t MUNSON 


WILUAM S C WILEY' 


ROYAL NEWTON, 


WILUAM T O'NEIL 


DAVID M ANDERSON. 


ROBSKT MacKinnon. 


WILUAM C PHELPS 


RANSOM R TRUE. 


ROBERT BUSHBY. 
FRANKUN 0 SHERWOOD 


CHARLES r PRENTICE 


GEORGE EASTMAN 


CHRJStlAN KLINCK. 
CeOICC URBAN. J« 


HEBBSRT C KICIJ 
Far GortTMT. 

BRMJAM1N.B OOiLL Ji 


«.t*»** 

o 


DEMOCRATIC TICKET. 

For President, 
WILLIAM J. BRYAN. 

For Vice-President, 
ADLAI E. STEVENSON.! 


SOCUUST UBOR Ticm. 

For President, 
UOSEPH F. MALLONEY. 

For Vice-President, 
VALENTINE REMMEL 


Pat InWij at SttiL 
JOHN T HcDONOUCa 


Fat CoMIttaBf^ 
ERASTUSC KNfC 


Par An atart-Caarral. 

JOHN c 6 avibs 


Fat Mta BaMaiar aad Sotrarat, 
BDWABD A BONO 


Par BaprraaaMltr M CaMpraa. 

GEORGE H BOUTHwTtX. 


Par tr-MiiT 
JAMES B. McSAfAN 


BDW 


Pat ShatUr. 
ARD H 


cCRKARY 


thoJas OlSt) 


ORM 


Far f.lerwt of Prt.MtM a^ 

Vict'Pmtdrat 
FREDERICK COOK. 


ROBERT C TITUS 


ISRAEL f. MERRITT. 
EDWIN KEMPTOH. 


EDWARD KAUFMANN. 
HENRY GEORGE. jV 


WILLIAM J SEATON 


RUDOLPH CHARLES BACHER 
JOHN K WALSH. 


Samuel rahn. 


MICHAEL H WHALEN 


RICHARD FITZPATRICK 


MICHAELP LYONS 


HENRY HACHEUEISTER 


JOHN J HARRINGTON 


CHARLES FREDERICK NAETIKNC 


JOHN MrOUADE 


JOHN BRISBEH WALKER 


EDWARD STOCKER 


JOHN C HOORNBEEK 
THOMAS K CAMPION 


WILUaM a KEELSR. 


ROBERT WEMPLE 


CHARLES OSCAR MrCREEDY 


HENRY K BARNARD 
LAURENCE CLANCY. 


ABRAM B. WEAVER 


THOMAS KSERY 
CeORCB WEU.S SALISBURY. 


JAMES M MILNB.. 


HOSER H ROCKWBLU 


JAMES J. MAHONEY. 
JAMES K CONLEY. 


WILLIAM SIMON. 
JOHN McCLURB WILIV 


Daniel F toomey 


, Far Coarraiar. 

JOHN B. STANCHhBLa 


Par LNutriuM-Carrntar. 
WILLIAM P MACKE/ 


Fat Satraunr of Stata. 
JOHN T. NOBTOK 


Fat CeiBatrellrr, 
EDWARD S ATWaVER. 


Far TYaaaarar, 

JOHN BROWN JUDSON. 


Far Aiteraaa-Grttrtal. 
THOMAS P. CONWAY 


Far Stati Enfftiaai taP Sarvator, 
RUSSELL a. STUART 


Far RtaraaaMatIra la Canftaaa. 
MARTIN H GLYNN 


Par Strrtlar, 
CURTIS M. DOUGLAS 


Par Slwrtfl. 

MICHAEL P DolXARO. 


Per Ceraaat. 
tnCHAELT SMITH 


Pet M f > a r ef Ata.riLb 
JOHN T. GORMAN 


Pat El«<ii»a el Preaidaat aaB 
VKa- P raa K iet, 
CHARLES W HOUSE 


MAX FORKER 


CHRISTUM 8AKKE 


CHARLES VOLLMER. 


*Aa.O** 

PROffTBmON TICK FT. 

For President, 
JOHN 0. WOOLLEY. 

For Vice-President, 
HENRY B. METCALF. 


JAMES BYRNR 


ARCfnS JARKOI.D 


CHARLES F A WALSM 


PBTEX FIEBICEa 


JOHN KBLLY. 


RICHARD GOULD. 


EPHRAIM SIFf. 


JOHN McELROY. 


BICHARD.HUNTER 


CHARLES KEVBNEY. 


CHARLES C CRAWFORl). 


FREOERICR C FULLING 
LEON R PILOUT. 


MAGNUS SVENSOM 


GEORGE ABELSOa 
OWEN CARRARER 
MATHEW STEEL 
ALBERT W BROWER. 
EDMUND 8ULLENT 


CHRISTIAN MAHR 


CHRISTUN ROSSBACa 


JAMES A TRAINOR 


GEORGE E COFFIN 


FRANK DANKHOFF 


JAMES S WHITE 


JOHN, a MORRIS, 


ELMER HARRISON. 


ROBERT WILL 


CHARLES A RUBY. 


CHARLES NELSON. 


JAMES W SHARPE 


ROBERT JOHNSON. 


Pat Sa<raiai; a( Stair, 
JOSEPH H SWEENY 
/ 


Fat CatnpiraJIrf. 


ALFRED 


xiiia 


Fat Tittaum, 
JACOB E ALEXANOUL 


Far Aitaraat'Crertal. 
JUSTUS EBERT. 


JOHN 




ALI.ACK 


For Bteftaratatna la Conc'ri 
CEOlGC H STSVSNWN 


tii>a la Contrtaa, 


SYi ujiTH^MURjboca 


Fat Shanfl. 

RICHARD G COON < 


MARCUS HI 


Vat Cetuaar, 

KIRS^FELD 


Fw MrteRrt af AmmWIi 
JOHN P DGRMBY. 


WILLIAM W SMITH 


HENRY M RANDALL 


ISAAC K PUNK 


BENJAMIN REYNOLDS. 


ROBERT T STOKES 


EDWARD A SWEZEY. Ja. 


WILLIAM B. BROWN. 


INDRPENDENT 

NOMINATIONa 


••••••a. 


'•aaea** 

SOCIAL DEMOCRATIC TICRH. 

For President, 
EUGENE V. debs: 

For Vice-President, 
JOB HARRIMAN. 


NATHANIELS POWERS 


LEVI DEDRICa 


SPENCER BtLLlirCTOH. 


WILLIAM IL PLACE 


JONATHAN E HOAG 


FREDERICK B D£\'ENDORF 


WILLIAM C CRAY 


EDWARD H MILLSX 


ARTHUR HAY. 


JOHN W BARRUS 


CASPER O DECKEE 

WILUAM E Boora 


BENJAMIN C MOHTGOMBBY 


EDWIN FUZSY 


JOSEPH H SHEARER. 


JOHN NICHOLSON 


For Carmat. 

WILLIAM T WAR6W£LL 


Fat tJruireanl-Oarrreer, 
ALBERT ;. RUMSP.Y 


Fat StcrrNf, at Staia, 
JOSEPH V. BAKRK 


Pat CotnatrafJrt 
MASON N. WEEb 


Far Trraaufrr. 

FRED WILL1A.M lieWETT. 


Fat A.iotncj-Gtaeral, 
DEXIER 0 DORN 


Par St»i< Enatetn te4 Sumiar. 
.IETT - 


EMMETT F SMITH 


Fee 


Raarrtremx .e CeatraiA 

M GODDARD 


Fee Senatar. 
ISAAC S ALBRtCHT 


For SKcr>4. 
HENRY 8 MOaK 


Pftt Careerr. 
IBO H FiTda 


For M<* ^ M AtMaiMa 

>. W F POOMOBB 


BUNK COLUMN. 


IHE ELECTOR MaV WRiTf IN 
THE COLUMN BELOW. UNDER 
THE TITLE OF IKBOFFtCt rilt 
NAME OF ANY PERSON WHOSE 
NAME IS NOf PRINTED UPON 
THE BALLOT. FOR WHOM ME 
DESIRES TO VOTE 



For EltOort af rm,4tfii and 

CHARLES MMATCKETT 

Fat Chttott at Prtudcei aad 

VM PretMaav 


CARL VOSS 



JULIUS Halpern 



VALENTINE S WORTH 



PETER K 8URROWSS 



ABTHUR K MAYNARD. 



ALFRED B.PnTlTT 



THOMAS PENOERCASr 



FRANZ W CASTEICEi. 



WILLIAM WOLLNIK 



HENRY 0. V1TALIUS. 



HENRY O JACXSON. 



James w furnsidb 



ANTHONY J OESCMCER. 



HENRY LUX 



HERMAN OUADL 



H.VNS KEDRICa 



FRANK HERRMANN. 

• 


WILLIAM WINKELM.LN 



RICHARD RITCKELT. 



WILUAM LIPPELT 



WILLIAM NEUMANN. 



PRANZ SOIMITT. 



CHRISTIAN WARD. 



JOHN H BULLARD. 



AMENZO H BUTTERFIELD 



CHARLES WILLIAMSON 



CHARLES H. WHEELER 



CHARLES S WtUON 



JACOB THISiEN. 


■ 

GEORGE C JONES 


B~ 

Joseph c doll 


L 

GEORGE L WASHBURNS 



MERMAN REICa 



JULIUS GERBER 



ADOLPH lABUNOWSKl 



Par Genrvet, 

BBNJAMIN iTAN^ORa 

Far CareiM 

L 

Far LiraWnanl-Gartteat, 
WILUAM BUrSCHER 

Far Lweneaei Oeaireer. 

L 

For Strtnan of State. 

PHIUP JACKSON 

Far SacTMir, ei State, 

r 

Far Ceta^tellaf, 

FRANK A SIEVERUaK 

Far 1* aMawaBii. 

r 

Fat Traatarrt. 

LEONARD O ABBOTT 

far TraMww. 

r 

Far Aiterart-CtarraL 

HENRY SLOBODIN. 

Par dwattnf CtnL 

L 

Per Sfala Ferarrr tad Serattei. 
HENhy STAHL 

Pat Stela Etifiaatr aed Sorrafar, 

r 



1 

far Ifiint. 

1 


1 

Pat CarvM. 

1 

Pat Matabat al AataMH. 


SPECIMEN BALLOT. 



















































































































































































































































































































































































































NOMINATIONS AND ELECTIONS. 


93 

Filing and Publication of Nominations. — When the 
nominations are once made by the primaries, conventions, 
and independent groups of voters, they must be filed 
with the proper officials and published in a certain num¬ 
ber of newspapers at specified times before the election. 
Nominations for offices for which the whole State is the 
district must be filed with the Secretary of State; those 
for offices for which the district is larger than the county 
must be filed with the Secretary of State and the county 
clerks ©f all counties in the district; those for town, vil¬ 
lage, and city offices with the clerks of those places; those 
for all other offices with the county clerk. The county 
clerk sees to the publication of all nominations except 
those for town, village, and city offices. The clerks of 
these respective places attend to the posting or publish¬ 
ing of these. 

The Ballot.—All the nominations thus filed are printed 
at public expense on a single sheet of paper. The arrange¬ 
ment is specified by law, and the ballot is known as the 
‘‘ Australian ballot,’’ because the form was invented in 
Australia. Each organized party has a special column in 
wdiich its nominations are placed, and at the top of each 
column is an emblem, such as a star, or an eagle, by which 
the voter can easily recognize the column of his party. 
Under each emblem is a circle and in front of each name 
is a little square, for the purpose of enabling a voter to 
vote a “ straight ” or a “ split ” ticket. Independent 
nominations have a column of their own, and there is in 
addition a blank column in which a voter may put down 
the name of any man for whom he wishes to vote for any 
of the offices. 


94 


THE GOVERNMENT OF NEW YORK. 


Time of Election.—Everything from the point of view 
of nominations is now in readiness. Almost all that we 
have been studying has been done outside of the con¬ 
trol of the State, with the view to getting certain men 
elected on election day. The time of election and almost 
all of the election machinery which is now to be described 
is a matter of State law. Election day comes annually 
on the Tuesday next after the first Monday in November. 
To enable every voter to cast his vote the day is made 
a holiday, and the voting places remain open from six 
o’clock in the morning until five o’clock in the afternoon. 

Election Districts.—Eor the convenience of voting and 
counting the votes the State Legislature has provided for 
the division of the territory of the whole State into elec¬ 
tion districts. These contain approximately four hun¬ 
dred voters, but in area they naturally vary from a whole 
town to a portion of a city block. In each of these there 
is a designated place where voters register and cast their 
ballots. To vote in a district a voter must have been in 
residence there thirty days previous to election day. If 
he has moved into the district within the period of thirty 
days previous to election day he loses his vote altogether. 

Registration and Election.—To attend to the business of 
registration and voting in a district there are appointed 
by the local authorities: (i) Four inspectors; (2) two 
poll clerks; and (3) two ballot clerks, each class being 
equally divided between the two largest political parties. 
The four inspectors form a “ Board of Registry.” It is 
their duty to hold from two to four meetings at certain 
intervals previous to the election, and register the quali- 


NOMINATIONS AND ELECTIONS. 


95 

fied voters of the district who put in an appearance to 
be registered. Any voter who fails to register at one 
of the times set loses his vote at the election. (This 
does not hold true of small villages and towns.) These 
same four inspectors are also known as a “ Board of In¬ 
spectors/’ and as such have charge of making all arrange¬ 
ments for the election in the district, and of the order 
at the polling place. In the place where the election is to 
be held they have to provide ballot boxes, to see that 
enclosed booths are set up where the voter^ may prepare 
his ballot in secret, and to set off by railings spaces in 
which are allowed only the election officers, two watch¬ 
ers sent by each party to challenge illegal voters, and 
the voter himself. The election officers group themselves 
about a table in the area enclosed by railings, and are 
ready to receive the voter. 

Voting.—The voter enters the polling place, joins the 
line of waiting voters, if others are before him, and in his 
turn gives his name. If the inspectors find his name on the 
registration list of voters, the poll clerks enter his name 
opposite a number on the poll list, and the ballot clerks 
then give him a ballot which has the same number on it. 
This is on the outside at the top, so that the portion con¬ 
taining it can easily be torn off without affecting the por¬ 
tion on which the names of candidates appear. The voter 
takes his ballot into one of the enclosed booths and closes 
the door. On a little shelf-desk, where there is a black 
pencil provided, he proceeds to mark his ballot. If he 
wishes to vote a straight ticket, that is, for all the names 
in a party column, he puts an X in the circle at the head 
of the column. If he wishes to vote a split ticket, that is, 


96 the government OF NEW YORK. 

for candidates of different parties, he makes a cross be¬ 
fore the name of each candidate for whom he votes. 
If the column in which he has put an X in the circle 
contains the name of a candidate for office for whom 
he does not wish to vote, he may put an X opposite 
the name of a candidate for the same office in another 
party column, or may write the name of a candidate 
under the office in the blank column. If any mark 
except the cross is used, or if any erasure is made, the 
vote will not be counted. If the voter tears, defaces, or 
wrongly marks the ballot he should return it and obtain 
another. When he has properly marked his ballot he 
folds it and passes out of the booth. He gives his ballot 
to the inspector in charge of the ballot box, who tears off 
the portion with the number on it and puts it into one box, 
and the portion with the names and crosses on it into the' 
ballot box proper. The object of the number is to show 
who in the district has actually voted and deposited his 
ballot, and also to prevent another man from coming and 
trying to vote under a name not his own. As the por¬ 
tion with the vote on it is not numbered, however, no one 
can tell how a man voted. 

The Voting Machine. —In some districts machines are 
used for voting instead of ballots. They have all the 
advantages of the ballot, and at the same time show the 
results of the voting as soon as the polling places are 
closed. It seems probable that they may gradually be 
put in use everywhere. 

Challenging Votes. —It is the business of the “ watch¬ 
ers at the polls to try to detect illegal voters. If they 


NOMINATIONS AND ELECTIONS. 


97 


suspect a man they may challenge him. If he then insists 
on voting, he must, in order to do so, take an oath to the 
effect that he has the qualifications in that district. If 
it is subsequently proven that he has taken a false oath, 
he is liable to imprisonment. Any qualified voter may 
also challenge another voter. 

The Canvass. —As soon as the polls are closed the work 
of counting the votes begins. This is done publicly by 
the election inspectors. The results from each district 
are forwarded to the county clerk. He tabulates the re¬ 
sults and presents them to the supervisors of the county, 
who for this purpose are known as the Board of County 
Canvassers. This board reviews the results from the 
county. The county clerk makes known the county offi¬ 
cers elected. The results from each county are filed with 
the State Board of Canvassers, which consists of the Sec¬ 
retary of State and four other executive officers of the 
State. This board summarizes the results received from 
the counties, and the Secretary of State sends a certificate 
of election to the candidate who has received the great¬ 
est number of votes for the office for which he has been 
running.^ 

Publicity. —All of the proceedings connected with the 
counting of the ballots have to be conducted with the 
utmost publicity. The results are made known, and the 
enterprising newspaper press publishes the results long 
before the official certificates are sent to the successful 
candidates. 

* For most offices a majority of the votes cast is not required for election, 
but only a “plurality”—that is, the highest number. A majority means 
more than one-half of the total number of votes cast. 


THE GOVERNMENT OF NEW YORK. 


98 

Disputed Elections and Recounts. —When elections are 
close, that is, when the man elected has only a few more 
votes than his nearest competitor, the latter is likely to 
dispute the election on various grounds and to ask an 
order from the Supreme Court calling for a recount. 
This recount is usually demanded with the hope of find¬ 
ing that some ballots have been counted for opponents 
which should have been thrown out on account of defects, 
or that others for the defeated candidate, which are not 
defective, have nevertheless been thrown out on the 
ground of supposed defects. Sometimes a recount is de¬ 
manded with the hope of finding whether a certain voter 
who was bribed to vote a certain way actually did so. 

The Object of these Complex Regulations. —The object 
of all this complex machinery is to prevent fraud. Men 
will try to bribe other men to vote for them, to get men 
to vote twice (repeaters), to have men vote who have no 
right to vote (colonizers), and to stuff ” the ballot box, 
that is, put in more than one ballot. The whole system 
of voting which we have described is to defeat such unfair 
tactics. 

Existing Frauds. —With all the machinery of elections, 
however, there is still a certain amount of fraud. Most 
of the practices which we have mentioned above still go 
on to a slight extent. Marking the ballot with very small 
dots, or making small slits at certain agreed-upon places 
in the ballot, are devices employed by the corrupt to show 
to those who look over the ballots, on the first count, or 
on a recount, that they have voted as they were paid to 
vote. The only remedy against such fraud is to throw 
out all ballots which show even the slightest mark or tear. 


NOMINATIONS AND ELECTIONS. 


99 


The New York System. —Fraudulent voting in this 
State, however, has been reduced to a minimum, and this 
is due to the very machinery of voting which we have 
described. The system of voting in this State is undoubt¬ 
edly among the best in use in the country. 

Election Expenses —The expenses in connection with 
the taking and counting of votes are borne by the public, 
but those in connection with party nominations have to 
be borne by the parties. They rely upon contributions 
from the members of the party, but large sums of money 
are said to be subscribed by big corporations. These are 
usually made with the hope of either getting favorable 
or of preventing unfavorable legislation by the party in 
case its candidates are elected to office. For this purpose 
it is said that some business men and organizations con¬ 
tribute to the election campaign funds of each of the two 
great parties. 

Legitimate Uses of Campaign Funds —Enormous sums 
are spent in perfectly legal ways. Many letters, pam¬ 
phlets, and even books are printed and sent to voters to 
persuade them to vote for the party’s candidates. Post¬ 
age, the rent of rooms for headquarters, and wages of 
clerks to address mail matter call for vast sums. Notices, 
in the newspapers and the placarding of billboards take 
a great deal of money. 

Illegitimate Uses of Campaign Funds. —Some money is 
spent in ways which are prohibited by law, because they 
undermine the very basis of our democratic government. 
Anyone who directly or indirectly receives, or pays, or 
promises to pay to another any money, or other valuable 


lOO 


THE GOVERNMENT OF NEW YORK. 


thing as a compensation or reward for the giving or with¬ 
holding of a vote at election is liable to fine and imprison¬ 
ment. This is meant to prevent the illegitimate use of 
campaign funds by the parties and the candidates. The 
latter are further restricted by being required by law to 
render an itemized statement of the money they have 
spent during the election. 

Nominations and Elections in Actual Practice.—In nomi¬ 
nations and elections the practice differs from the the¬ 
ory much in the same way we saw that it did in the 
various departments of government. The cause for the 
difference is the same in both instances. It is the failure 
of certain citizens to take the interest they should in the 
nominations and elections. 

The Primary in Practice.—We saw that many voters 
absented themselves from the town meeting because they 
felt that they would be outvoted. Thus the government 
of the town fell to those who were least fit to control it. 
The same thing happens at the primary. The voters do 
not all meet together at some specified time and make 
nominations or choose delegates as is done in our debat¬ 
ing societies. They straggle in at odd times and place 
in the ballot box the names of such men as they wish to 
vote for. These are printed on a ballot prepared by 
local politicians who are interested in getting or retain¬ 
ing the leadership. In the large cities the voter at the 
primary frequently does not know by sight or by repu¬ 
tation any of the men for whom he votes. Many voters 
who should attend and use their influence for good never 
go to one. The result is that its control falls into the 


NOMINATIONS AND ELECTIONS. 


lOI 


hands of those who make a business of politics. These 
men meet beforehand, make up a ticket or “ slate ’’ of 
their own, and being well organized carry all before them. 
The few outside of this group who do show up at the pri¬ 
mary have given no attention to the matter at all, have 
not even thought of anybody whom they would like to 
have for local officers or for delegates to a convention, and 
have no choice except to vote for men whom they do not 
want. They grumble, say everything is “ cut and dried,” 
and join the number of those who never go to a primary, 
never realizing that it is they themselves who are to blame 
for the condition of affairs. The result of all this is that 
a well-organized minority of the voters in the district run 
a party machine there. As the primaries are the founda¬ 
tions of the whole system of party nominations and elec¬ 
tions, the party itself all over the State, and even the 
nation, falls into the control of a vast “ machine ” headed 
by a “ boss.” Those who wish to break his control must 
first get control at the primaries by getting out the “ stay- 
at-home ” voters. 

The Machine.—^The machine is a term used to desig¬ 
nate a body of voters in a party who stick by each other 
“ through thick and thin.” This policy enables them to 
control the party, even though in numbers they may form 
only a small minority. As their opponents have no or¬ 
ganization and do not “ stick together,” they have no 
chance to get anybody nominated on the ticket. Failing 
in this they have to vote for the machine’s candidates, 
vote with another party, or not vote at all. As the other 
party is just as likely to be controlled by a machine as 
their own, they stay at home and do not vote at all. Their 


102 


THE GOVERNMENT OF NEW YORK. 


withdrawal thus throws the control of nominations and 
elections into the hands of the machine and the boss. 

The Boss.—The boss is the term used to describe the 
most prominent leader of the party machine in any dis¬ 
trict. Thus the machine in the primary will have its boss, 
the county machine has its boss, and so on up to the State 
machine and the State boss. 

The term boss has come to have a bad meaning, that 
is, that the leader thus described is politically corrupt. 
Such, however, is not always the case. There are many 
leaders called bosses who are honest men. The truth of 
the matter is that democratic government cannot be run 
without parties, and parties cannot be run without leaders. 

The Good in Our Party System.—The organization of 
parties enables us to run the government successfully. 
Men from the parties are grouped together to carry out 
certain policies which they believe to be for the best in¬ 
terests of the country and the people. If they can suc¬ 
ceed in getting a majority of the voters to believe with 
them, the control of the government will be put into the 
hands of officials elected by them. If not, it will go into 
the control of another party. Without parties our gov¬ 
ernment would be but a poor affair, following no settled 
policy, doing one thing one day and another the next, 
without having any principle or plans of action. 

Evils of the Party System.—The objection to our par¬ 
ties of to-day is that they are largely run by dictation 
from a party boss, and that they have the expenditure of 
vast sums of money. The members of a party, above all 
things, wish to be regular. They do not wish to “ bolt ” 



NOMINATIONS AND ELECTIONS. 


103 


their party. This is why they follow the commands of a 
boss when they inwardly feel that he is wrong, and that 
what he dictates is not for their own best good or for the 
good of the general public. The boss who has this con¬ 
trol over the members of the party is thus able to control 
the government officials elected by the party. These offi¬ 
cials must do his bidding and pass laws at his dictation, 
or run the risk of being defeated at the next nominations 
for office. This means the loss of a whole future career 
for them, and they usually end by doing as the boss 
dictates. 

Money Power.—The orders of the corrupt boss are usu¬ 
ally in the interest of individuals or corporations who 
have aided the party by contributions for the election 
expenses. These contributions being made with a view 
to having favorable laws put through, or adverse legisla¬ 
tion defeated, in case the party is victorious in the elec¬ 
tion, the boss has to see that the wishes of these individ¬ 
uals or corporations are attended to by the officials whom 
his party has elected. Individuals or corporations desir¬ 
ing such measures usually approach the party boss, and, 
by direct or indirect pressure, by means of money or other¬ 
wise, get his support. The measures are then “ jammed ’’ 
through by the officials. Whether they are for the best 
interests of the public or not is a question little considered. 

Party Reform.—To reform such evils it is not neces¬ 
sary to do away with political parties or political leaders. 
In fact, as we have seen, it would be impossible to do with¬ 
out them in a democratic government. What we must 
do is to get better leaders. To get them all of our voters 


104 


THE GOVERNMENT OF NEW YORK. 


must go to the primaries, for that is where all reforms 
which are to be lasting must start. Even if, for the time 
being, the best men of the party are voted down at the 
primaries, it cannot be for long. If the voters in a party 
are bad, and the leaders are bad, the government, if they 
win in the elections, will be bad, that is, against the 
interests of the general public. No party which runs the 
government in that way will stay long in power. The 
best elements will at last desert it, and it will lose the elec¬ 
tion, the winning of which is the main object of party 
organization. To get back into power the party will have 
to improve. Little good can be done by finding fault and 
doing nothing. He who really wishes good government 
will start at the primaries to reform the parties from 
zvithin. Good parties nominate good men for office, and 
with good nominations comes a chance for good govern¬ 
ment. 

Elimination of the Money Power.—With good mem¬ 
bers and good leaders, corrupt men and corporations 
would have little chance of getting bad laws put through 
or good ones defeated. To settle the question, however, 
it would be well to have a law passed compelling political 
parties to publish an itemized statement of receipts and 
expenditures during election campaigns. The public 
would then know from whom money was received and 
how it was spent. 

The Use of Independent Nominations.—When all else 
fails and the party organizations seem determined to 
thwart the will of the people, there is always the inde¬ 
pendent nomination to fall back upon. By this means, if 


NOMINATIONS AND ELECTIONS. 


105 

the people are sufficiently roused, the right man can be put 
into office in spite of the machine. 

Attendance at Elections. —The duty of the good citizen 
does not end with the primary. He must not allow any¬ 
thing to interfere with his going to the polls and casting 
his vote on election day. To get a good man nominated 
for office is well enough, but to elect him is better. 

Education of the Voter. —Education, unfortunately, does 
not make party men honest. Some of our most dishonest 
political leaders have been graduates of colleges. Educa¬ 
tion, however, probably makes the average man more 
straightforward than he would have been without it. 
For the cause of good government the education of the 
voter accomplishes a still greater good than even that. A 
man who is educated is able to see clearly whether what 
is proposed by political leaders or officials is going to be 
to his good or his harm. He is enabled to “ know what is 
what,” as the saying goes, and will not permit himself 
to be led along blindly by the false arguments of some 
unscrupulous party leader. 

SUGGESTIVE QUESTIONS. 

1. Obtain sample copies of official ballots, and learn how straight 

and split tickets are voted. 

2. Make a diagram of the voting booth, and go through the de¬ 

tails of the voting process. 

3. Give all the reasons you can think of why the law insures 

secrecy of the ballot. 

4. Attend a caucus, or primary, and a convention, and write a 

description of them. 

5. Get newspaper accounts of the various conventions which are 

mentioned in this chapter. 


CHAPTER XL 


LOCAL TAXATION 

Necessity for Taxation.—We must have a government, 
and a government costs money. The salaries of officials 
and the erection of public buildings, the laying out and 
caring for roads and streets, the supplying of water and 
a thousand and one things demand the expenditure of a 
great deal of money. For all of these the citizen must 
pay, directly or indirectly. He could, if it were conven¬ 
ient, carry his own water, pave his own street, and do 
many other things which are now done for him. He 
would have to give up his own business to do them, and 
thereby lose the money he was making in it, and even 
then he would not be able to do all that is now done for 
him. In other words, he finds it easier and cheaper to 
pursue his own business or profession, and to employ the 
government to do the other things. The payments he 
makes to the government are known as taxes. 

Who Pays Taxes.—Some people have an idea that only 
those who make money payments to the tax collectors pay 
taxes. This is a most unfortunate idea, because it leads 
some to think that they are getting something for noth¬ 
ing, and makes them indifferent to the lavish expenditures 
by the government because they think they are not pay¬ 
ing for it. We never get anything for nothing. All 
of us pay taxes whether we pay them directly to the 




LOCAL TAXATION. 


107 

tax collector or otherwise. Each one of us pays a cer¬ 
tain amount for the education we get, for the paving of 
the roads, for the building of bridges, etc. We may not 
do this directly, but we do it. If we own a house, or a 
lot, or a store, or a manufacturing establishment, we do 
it directly by paying money to the tax collector. If we 
do not own anything, but simply work for wages and 
pay for our board and room, or our house rent, we pay 
taxes indirectly. When the landlord calculates how much 
he is going to charge for rent, he takes into considera¬ 
tion how much his taxes are, and we pay our share of 
taxes in the rent we pay. In the price of everything we 
buy there is a certain portion which goes for taxes. If 
the landlord and the storekeeper had to pay no taxes, 
rent and prices of goods would be reduced. If taxes are 
increased, rents and prices will go up.^ Even educational 
and religious institutions, which are exempted from pay¬ 
ing direct taxes, have to pay them indirectly in the ways 
we have mentioned. So all of us, unless we are actually 
supported by the State in some charitable institution, or 
are dependent upon others for our support, pay taxes. 

Property Tax.—The property tax is the direct tax 
which is levied in our State on what is known as “ realty,’' 
that is, land, houses, barns, and the like, and on “ per¬ 
sonalty,” that is, on movable property—such as money, 
jewelry, furniture, pictures, horses, carriages, and the 
like. On these the owner pays a direct tax to the tax 
collector. A tax is levied on property in proportion to 
its value, because it is thought that each owner of prop- 

^ There are many other items which determine rents and prices, and these 
statements are true only when we omit such items from consideration. 


io8 the government of new YORK. 

erty receives protection and service from the government 
in such proportion. 

Exemptions from Taxation.—There are, however, many 
different kinds of property which the government ex¬ 
empts from taxation. A few of such kinds are the real 
and personal property of educational, religious, charitable, 
and scientific organizations, deposits in savings banks, 
United States bonds, and certain State and city bonds. 

Assessment of Property.—The question, then, is to deter¬ 
mine what the value of property is. Certain officials every 
year place a value on the realty and personalty in their 
districts. This is called an “ assessment,” the paper or 
book on which it is made is called an “ assessment roll,” 
and the officials are called “ assessors.” 

The Tax Districts.—The districts over which the asses¬ 
sors work are known as “ tax districts.” These are polit¬ 
ical subdivisions of the State having a board of assessors 
authorized by law to assess the property therein for State 
and county taxes. These districts, then, are the towns 
and cities of the State. 

Contents of the Assessment Roll.—The assessment roll 
contains the names of all taxable persons and corporations 
in the district, and a list of the real and personal prop¬ 
erty owned by each, with its value. After the roll is 
completed and published, the persons whose property is 
valued are given an opportunity to appear and make com¬ 
plaints about errors in the assessment, and to ask for cor¬ 
rections. The corrected roll is then sent to the County 
Board of Equalization, 


LOCAL TAXATION. 


109 

County Board of Equalization.—There is a tendency on 
the part of the assessors in tax districts to undervalue ” 
the property in the district, so as to make taxation light 
for their districts. In view of this fact, all of the assess¬ 
ment rolls of the tax districts of the county are put into 
the hands of the Board of Supervisors of the county, 
whose business it is to “ equalize ” the assessments, so 
that the taxes will not bear unjustly on any district. 
In New York City the boroughs are used for purposes 
of assessment and the city department of taxes and assess¬ 
ments “ equalizes ” the returns. This does not mean that 
the valuations from every district are to be made equal 
in amount, but simply that, if the real and personal prop¬ 
erty in one district are more valuable than in another, 
such a fact shall be shown on the assessment roll. Then 
when the taxes are levied the wealthy district will have 
to pay a larger sum total of taxes than the poorer dis¬ 
trict, but the rate of taxation will be the same. If such 
equalization did not take place, it would be found at 
times that poor districts would be put down as having 
the same or even greater valuation in taxable property 
than the wealthy districts. 

State Board of Equalization.—The assessment rolls of 
the counties are then sent to the State Board of Equaliza¬ 
tion, whose business it is to equalize them for the whole 
State in the same way that the county boards did for the 
counties. The State Board of Equalization consists of 
the three Tax Commissioners, who have general super¬ 
vision over taxation in the State, and the seven executive 
officials who form the Land Office Commission. 

Computing the Taxes.—On the basis of the valuations 


no 


THE GOVERNMENT OF NEW YORK. 


of property as set forth in the assessment rolls coming 
from the State Board of Equalization, several distinct 
taxes are levied. First there is the State tax, then the 
county tax, then the town or city tax, and each village 
also has its tax. 

State Tax. —The State Comptroller makes an estimate 
of how large a sum the State needs from the property 
tax, and then divides this sum among the counties in pro¬ 
portion to the value of the property which each county is 
shown to have by the assessment roll. The amount which 
each county is to contribute to the State tax is made 
known to the county clerk and board of supervisors of 
the county. 

County Tax. —The Board of Supervisors of the county 
calculates the amount of money they will need from the 
property tax to pay the expenses of the county. To this 
amount they add the amount which the State Comptroller 
has informed them they must raise for the State. The 
board then divides the sum among the tax districts of the 
county in proportion to the assessed value of property in 
them. 

Town Tax. —As we saw above, the ordinary tax dis¬ 
trict is the town. There is a certain amount of taxes 
which each town has to raise each year for its own ex¬ 
penses. To this amount is added the amount which the 
Board of Supervisors has informed each town that it must 
raise. The sum is then divided among the property own¬ 
ers of the town in proportion to the amount of property 
which each has. So the sum which each property holder 


LOCAL TAXATION. 


Ill 


pays is really made up of three portions: (i) For town 
expenses; (2) for county expenses; (3) for State ex¬ 
penses. 

City Tax. —Earlier we saw that when a city govern¬ 
ment was formed over a certain area the town organiza¬ 
tion in that area was given up entirely. For that reason 
the city is made into a tax district for the area which it 
covers. Like the town it has to estimate the amount of 
its running expenses, and to find out what amount is to be 
paid for by the property tax. To this amount is added 
the amount required as its portion of the county and State 
tax. The sum is then divided among the property owners 
in proportion to the value of their property. 

Village Tax. —The man who lives in a village is a citi¬ 
zen of the village, of the town, and of the county in which 
the village is located, and also of the State. Thus he has 
really four taxes to pay. Those for the State, county, and 
town are collected by the method which we have studied 
above. In addition to these there is a village tax for vil¬ 
lage expenses. This is usually, but not necessarily, col¬ 
lected at a different time from that at which the other 
three are collected. 

Collection of Taxes. —With the final calculation of what 
each individual is to pay we have the “ tax roll ” com¬ 
plete. This contains a list of property owners, the de¬ 
scription and valuation of their property, and the tax 
to be collected from each. This is placed in the hands of 
the collector of taxes for the tax district. He gives public 
notification of that fact, and gives an opportunity for all 
those assessed to come and pay their taxes. If, at the end 


II2 


THE GOVERNMENT OF NEW YORK. 


of a month, these are not paid, the collector or his agent 
calls upon the property owner for the amount of taxes due. 
If they are then not paid, proceedings are begun by which 
the property of such a person may be “ sold for taxes.” 
The process by which this may be done is too complicated 
for explanation here. All that the authorities are inter¬ 
ested in is to get the amount of the taxes. This they 
aim to do by giving the delinquent property owner as 
little trouble as possible. 

Division of the Proceeds of Taxation. —When the taxes 
are finally collected, they are distributed among the sev¬ 
eral officials who are specified by law or the Constitution 
to receive them. The State, county, town, city, and vil¬ 
lage treasuries receive their shares and pay them out on 
requisition for the expenses of their respective districts. 

Other Taxes. —Besides the property tax there are other 
sources from which the government gets revenue. The 
most important of these are the excise tax, the inheritance 
tax, and the corporation tax. The excise tax is that 
which a dealer in liquors has to pay for the privilege. 
One-third of this goes to support the State, and the other 
two-thirds goes to the town or city in which the liquor 
store is located. The inheritance tax is that which must 
be paid upon property left by a deceased person, provided 
the property is above a certain amount in value. The cor¬ 
poration tax is that which is paid by corporations: (i) 
When they are organized; (2) when corporations organ¬ 
ized in other States wish to do business in this; (3) when 
certain corporations, such as insurance companies, rail¬ 
road companies, and others have to pay a certain amount 


LOCAL TAXATION. 


113 

on their annual incomes. In addition to all these there 
is another tax, recently declared constitutional, called 
the “ franchise tax,” which goes to the political division 
of the State that grants the franchise. A franchise may 
be defined as a certain privilege granted by the State, or 
a political division of the State, to a corporation or in¬ 
dividual to carry on business of a certain kind. Such 
privileges are those granted to gas companies to use the 
streets for their pipes, to street railway companies to use 
the streets for laying down their tracks and other like 
privileges. These privileges, being almost exclusive, come 
to have great value and the government has imposed a 
tax on them. 

Cost of Collecting Taxes. —The most inexpensive taxes 
to collect are the last two mentioned. The cost of collect¬ 
ing them is only a very small percentage of the amount 
received. The property tax and the excise tax are more 
expensive to collect. It requires more officials to get 
them because the process is more complicated. How¬ 
ever, we collect our property tax more cheaply than most 
European countries do. Our system of assessment and 
collection is practically carried out by one set of officials, 
and the expenses are thereby reduced to the smallest pos¬ 
sible figure. 

Faults of Our System. —The faults of our system may 
be stated under four headings: (i) Undervaluation; (2) 
concealment of personalty; (3) tax dodging; (4) differ¬ 
ences in tax rate. 

Undervaluation. —Of undervaluation by assessors we 
have already spoken. It is an evil that the boards of 


THE GOVERNMENT OF NEW YORK. 


I14 

equalization try to do away with. They succeed to a 
certain extent, but there is always a certain amount of 
undervaluation going on which makes taxes for others 
heavier than they should be. 

Concealment of Personalty. — Realty cannot be con¬ 
cealed, but money, bonds, jewelry, and most property 
which we know as personalty can be so easily concealed 
that it may be safely stated that there are but few peo¬ 
ple who make known to the assessors all of their per¬ 
sonalty. The absolutely honest people who declare their 
property are at a disadvantage compared with the dis¬ 
honest. Many authorities think this tax on personalty 
encourages dishonesty and favor its repeal. There is 
a penalty for making false declaration of the amount of 
personal property, but the offense is so difficult to prove 
that practically no one is ever tried and punished for it. 

•Tax Dodging.—Tax dodging has many meanings. It 
may mean simply concealment of personalty, but it is 
more frequently applied to the system used by certain 
people who, though really living in one place where the 
taxes happen to be high, make their legal residence in a 
place where they are low. This enables them to pay a 
low assessment on their personalty. Tax dodging of this 
sort is most common in New York City. A recently 
proposed law has made personalty taxable where it is 
located, and not where the owner resides. It is hoped 
that this will stop tax dodging to a certain extent. 

Difference in Tax Rates.—Tax rate is the term applied 
to the percentage which a property owner has to pay in 


LOCAL TAXATION. 


115 

taxes. Thiis if the tax rate is 0.014, the property owner 
will have to pay at the rate of $1.40 on a hundred dollars 
worth of property, or $14 on a thousand dollars worth. 
In the cit}^, where the property owner has much more 
done for him by the government than in the town, taxes 
are usually much higher. The State tax is, of course, the 
same over the whole State, the county tax is the same 
over the whole county, but the rates for different counties 
differ. What is true of the counties is true of the towns, 
cities, and villages. Thus in different parts of the State 
the tax rates vary. It may be at the rate of $24 on a 
thousand in a city and only $14 on a thousand in a town. 
This leads some localities to feel that they are being un¬ 
fairly treated, but further consideration will show that 
the difference is due not so much to what the State and 
county impose as to what the town or city or village 
imposes in the way of taxes. 

Should Everybody Pay a Direct Tax? — We have al¬ 
ready seen that we all pay taxes directly or indirectly. 
Governments under tyrants always favored indirect taxes 
because the people did not realize that they were paying 
them, and were kept contented. In democracies there is 
no occasion for keeping indirect taxes for such a reason. 
When every man shares in the government, he should 
understand it in all its workings. He should know from 
the very start that the needs which the government sup¬ 
plies cost money. Anything which tends to obscure that 
fact should be done away with as much as possible. 
Some think that the only way to make everybody realize 
that he pays to support the government is by means of 
direct taxes. Those who have to pay money directly to 


Ii6 THE GOVERNMENT OF NEW YORK. 

the government are far more likely to be thoroughly in¬ 
terested in seeing it economically and well run. 

SUGGESTIVE QUESTIONS. 

1. What reasons can you give for exempting from taxation the 

various kinds of property mentioned in this chapter ? 

2. Get facts concerning the prevailing practice of valuing prop¬ 

erty in your own and neighboring localities. 

3. If a man’s property is valued at $1,000, when it should be 

$2,000, does he pay his fair share of the county tax ? Can 
the county board correct the matter ? 

4. Do the equalized valuations fixed by your county board seem 

reasonable ? 

5. What was the amount of State tax paid by your county last 

year ? The amount of county tax ? Make a calculation 
showing how the amount of State and county tax due from 
your local government was determined. 

6. Your local treasurer will give the necessary data from which 

you may calculate the rate of taxation. Calculate the taxes 
upon property that is worth $6,000. 

7. State reasons why the tax rate varies in different towns; in 

adjoining counties. 

8. From what sources does money come into your local treasury? 

9. For what purposes was money expended in each case ? These 

facts may be found in the last reports of the local and 
county treasurers. 

10. Find out the difference between “direct” and “indirect” 

taxes. Does New York State impose any indirect taxes ? 
Does the Federal Government? Give some examples of in¬ 
direct taxes. Who pays them ? 


CHAPTER XII. 


STATE FINANCE 

Definition of State Finance.— In general State finance 
may be said to refer to the receipt and expenditure of 
money for State purposes. In a way this also includes 
the raising of taxes, but as the method of raising State 
taxes also involves the raising of county, town, city, and 
village taxes, we treated them all in a separate chapter 
on taxation. 

Income of the State. — The State property tax forms a 
very small portion of the income of the State, but there 
are other sources of income, such as the excise, inheri¬ 
tance, and corporation taxes. In addition to all these, the 
State has the income from funds which were invested 
many years ago to yield interest to be devoted to certain 
purposes. Some of these funds are known as the Com¬ 
mon School Fund and Literature Fund. The total in¬ 
come of the State amounts to over twenty-five millions 
a year. Of this a little over a million is derived from 
funds and miscellaneous sources, and the rest comes from 
taxes. In taxes the State gets less than a million from 
the general property tax, about nine millions from the 
excise, five millions from the inheritance, seven millions 
from corporations, and the rest from miscellaneous fees, 
fines, etc. 


ii8 THE GOVERNMENT OF NEW YORK. 

The State Treasurer.—The State Treasurer is the cus¬ 
todian of the income of the State. He keeps account of 
all moneys paid into the State treasury, or paid out of it. 
For the purposes of bookkeeping, the moneys in the treas¬ 
ury are divided into funds. There is the general fund 
which is to be used for general expenses, the school fund 
to be used for the schools, the canal fund for the canals, 
and many others. When any money is received or paid 
out it is put down as being received by, or paid from, 
some particular fund. Of all his transactions he keeps 
an accurate account and presents an annual report to the 
Legislature. 

The State Comptroller —The 1 reasurer cannot pay out 
any money from the treasury without an order or war¬ 
rant. This order comes from the State Comptroller. 
He, in his turn, cannot order money paid out unless the 
Legislature has appropriated it for the purpose for which 
it is to be paid. The Comptroller, like the Treasurer, has, 
therefore, to keep very careful accounts. It is his busi¬ 
ness to audit the accounts of all departments of State Gov¬ 
ernment, to invest State moneys, and to take charge of 
the securities representing the investments. 

The Budget.—In addition to the above duties of the 
Comptroller, it is his business to make every year an esti¬ 
mate of the expenses of the State Government. This 
he does by reference to the expenses of past years. In 
connection with this itemized statement of expenses, he 
sets down the estimated amounts of revenue which it 
is probable are to be derived from various sources in 
the coming year. The document so prepared is popu- 


STATE FINANCE. 


119 

larly known as the “ budget.” It is presented to the 
Legislature for action. That body may increase or 
diminish the amount of any item called for in the expense 
estimate, or may insert new items, and whatever amount 
it passes is known as the appropriation for the account 
for which it is specified. If the amounts to be derived 
from the sources of revenue are not sufficient, the Leg¬ 
islature must devise new methods of taxation, or the 
amount to be derived from the general property tax must 
be increased. This will increase the State tax rate, and 
that is something the Legislature does not like to do, 
because it creates much objection from the property 
owners. 

Expenditures.—The various departments of the State 
government need large appropriations of money. The 
salaries of the legislators and their clerks, the printing 
of the legislative proceedings and miscellaneous charges 
involve an expenditure of nearly one million for the 
legislative department. The salaries of the Governor and 
of various other executive officials and commissions in¬ 
volve an expenditure of about the same amount. The 
salaries of judges, court clerks, and others in connection 
with the Court of Appeals, the Supreme Court, and the 
Court of Claims makes the department of justice cost 
about one million. About five millions and a half are 
expended for public education, eight millions for chari¬ 
ties and corrections, six and a half millions for the depart¬ 
ments of health, agriculture, labor, and insurance, the 
militia, the forest and game commission, and a long list 
of others. In addition, there is about a million spent 
for miscellaneous items. All of these expenditures are 


120 


THE GOVERNMENT OF NEW YORK. 


for the benefit, directly or indirectly, of all the citizens, 
and are properly borne by them. 

Debts.—It is a good rule which says that no individual, 
corporation, or State should spend more than it receives. 
In the history of all of them, however, there are times 
when this rule must be broken. Certain extraordinary 
occasions arise, such as the outbreak of a war, or the 
construction of some great public work like the Erie 
Canal, which make it necessary to incur expenses for 
which the ordinary funds are not sufficient. Great sums 
of money have to be borrowed. This starts the State 
debt. Bonds are issued for the money borrowed, and 
interest must be paid on them until they are redeemed. 
Not only the citizens who are living at the time that the 
debt is contracted have to bear the burden of the debt, 
.but also future generations of citizens. This is no more 
than fair, however, for those future generations are fre¬ 
quently far more benefited by the results of a war, or the 
building of some great work than are those who live at 
the time that the debt is contracted. 

Restrictions on the Legislature. — The decision as to 
whether a debt should be incurred used to be left to the 
Legislature, but this was found to be unsafe. Legisla¬ 
tures have usually shown themselves to be rather extrava¬ 
gant bodies. We saw that the State Constitution had 
been so changed as to make it necessary for three-fifths 
of all the members elected to each house to be presept 
when an appropriation bill was passed, and that to pass 
an appropriation for private or local purposes it is neces¬ 
sary to have a two-thirds majority of all members elected 




STATE FINANCE. 


I 2 I 


to each house. It has also been found necessary to place 
in the Constitution certain further restrictions on the 
power of the Legislature over the people’s money. It 
may, of course, not lend the public money to any indi-. 
vidual or corporation. It may not contract debts to meet 
current expenses to an amount exceeding one million 
dollars, except in time of invasion, insurrection, or war. 
The money arising from loans creating such a debt shall 
be applied only to the purpose for which it was raised, 
or to repay the debt. Except the debts specified above, 
the Legislature may contract no other extraordinary debt 
unless authorized by law for a specified object, and not 
until the law so passed is submitted to the people and 
approved by them. 

Sinking Fund. — The State Constitution also declares 
that a law which provides for the contraction of an ex¬ 
traordinary debt shall also make provision for the pay¬ 
ment of it. The debt cannot be contracted for a longer 
period than eighteen years, and the law must provide for 
a direct annual tax to pay the interest and also the prin¬ 
cipal when it falls due. This is known as a “ sinking 
fund,” because every year a certain amount is laid aside, 
and at the end of the period when the debt is due all of 
the yearly amounts added together just make up the 
amount of the debt. By the State Constitution these 
sinking funds must be kept separate from other funds 
under the control of the State. 

Present State Debt. —The present debt of the State is 
about nine and one-half millions. Of this about half a 
million has been contracted for the National Guard, over 



122 


THE GOVERNMENT OF NEW YORK. 


a half of a million for the Adirondack Park, and eight and 
one-half millions for the Erie Canal and its branches. 
The people have recently authorized the contraction of a 
debt of one hundred and one millions for making over 
the Erie Canal into a “ Thousand-Ton Barge Canal.^’ 

History of State Finance. — The financial history of 
New York State has not always been marked by prudence 
either in the making of appropriations or in the contrac¬ 
tion of debts. The Legislature frequently, and even the 
people at times, have shown themselves careless in these 
matters. Preceding the Civil War the expenditures were 
very heavy, and during the war they increased enor¬ 
mously. After the war a period of great political corrup¬ 
tion in the State kept expenditures on the increase when 
they should have been decreasing. In recent years the 
expenditures have been kept down considerably, though 
there is an ever-growing tendency to spend more and more 
money. 

Good Qualities of Our State Finance.—New York State, 
however, probably stands higher than other States in the 
Union in the management of its finances. If at times it 
has managed badly, the others have done worse. It was 
from New York State that the National government bor¬ 
rowed the banking system now the foundation of our 
National banks. Our system of State banks has been 
the model for other States to follow. 

Faults of Our Financial System_Provisions in the 

State Constitution have gone far toward making it im¬ 
possible for the Legislature to do harm, but there are 
still some faults. In New York City we saw that the 



STATE FINANCE 


123 


Board of Aldermen could not add, or increase, items in 
appropriations asked for by the Board of Estimate and 
Apportionment. No such prohibition exists in the State 
Constitution against the Legislature. As a result that 
body sometimes votes to incur expenditures for which 
there is only doubtful need. 

Should State Expenditures be High?—When we con¬ 
sider that it is our local governments, such as the county, 
town, city, and village, which do most for our immediate 
comfort, there seems to be little reason for the expenditure 
of enormous sums by the State. It has its functions, but 
there is a growing feeling that the local units should 
attend to local needs, and that one locality should not 
be called upon, through the State government, for taxes 
to bear the burdens of some less enterprising community. 

Extravagance.—There is little doubt but that extrava¬ 
gance is the rule. When expenditures exceed the rev¬ 
enues, few are those legislators or officials who stand up 
for a reduction of expenses. Almost all of them seek for 
new methods of raising revenue, thus increasing, directly 
or indirectly, the taxes which every citizen must pay. 

Causes.—The responsibility for this extravagance rests 
largely on the shoulders of the voters. It is in their power 
to stop it at any time. As we saw above, many of them 
do not realize that everybody in the State is affected by 
taxation and that any increase in it due to extravagance 
falls on all. Other groups of citizens are making con¬ 
stant demands on the State government. If any need 
arises their first cry is to get the State to attend to it. 


124 


THE GOVERNMENT OF NEW YORK. 


Remedies. —The remedy here, as in the case of all our 
other faults, is the education of all to be intelligent voters. 
When that is accomplished, eternal vigilance on their 
part is necessary to see that their legislators and officials 
are good men and do their duty. 

SUGGESTIVE QUESTIONS. 

1. Find in the latest Legislative Manual the report of the State 

finances and compare the items with those given in this 
chapter. 

2. What was the amount of the State tax levied in your county 

last year ? Can you find out the amount paid by your local 
government ? 

3. What justification can you find for an inheritance tax ? 


CHAPTER XIII. 


EDUCATION. 

History of Education in New York State. — As com¬ 
pared with some of the other States of the Union, New 
York has at times lagged behind in matters of education. 
The early Dutch settlers encouraged it, but when the 
English came into control it was allowed to languish. In 
1754, however. King’s College, now Columbia Univer¬ 
sity, was established in New York City. In 1784 the 
State Legislature established a corporation, known as the 
Regents of the University of the State of New York, to 
exercise a supervisory control over colleges and secondary 
schools in the State, but it was given nothing to do in con¬ 
nection with the lower schools. The Regents did such 
important work for education in the State that in the last 
State Constitution a provision was made for their continu¬ 
ance under the name of the University of the State of 
New York, with not less than nine Regents. Nothing 
was done for the lower or common schools by the State 
until 1795. In that year and subsequently appropria¬ 
tions were made by the Legislature to assist the counties 
in the maintenance of schools. The State gradually took 
more and more interest in lower schools until in 1844 a 
Normal School was established at Albany for the train¬ 
ing of teachers, and in 1854 the office of State Superin¬ 
tendent of Public Instruction was established, and he was 

I2S 


126 the government of new YORK. 

given general charge over the common schools of the 
State. It was not until 1867, however, that the schools 
were made free, and now by a clause in the State Consti¬ 
tution it is made the duty of the Legislature to provide 
for free common schools in which all children of the State 
may be educated. 

Recent Legislation.—There were thus really two edu¬ 
cational departments in the State, each one independent 
of the other: (i) One under the control of the Board of 
Regents, having supervision over colleges, academies, 
high schools, and other educational institutions above the 
rank of the common schools; (2) the other under the 
control of the State Superintendent of Public Instruc¬ 
tion, having supervision over the common schools and 
the training schools for teachers. There was one line of 
connection between the departments—the State Superin¬ 
tendent of Public Instruction was a member of the Board 
of Regents. Endless conflict between the two depart¬ 
ments finally led the State Legislature in 1904 to pass 
a law considerably modifying the duties of supervision 
of the two departments, but scarcely changing the details 
of the educational system. The offices of State Super¬ 
intendent of Public Instruction and of Secretary of the 
Board of Regents were abolished and their powers and 
duties given to a new officer—the State Commissioner 
of Education. 

State Department of Education. — The State Depart¬ 
ment of Education comprises at present, then, three chief 
features: the University of the State of New York, the 
Board of Regents, and the State Commissioner of Edu¬ 
cation. 


EDUCATION. 


127 


University of the State of New York.—The University 
of the State of New York is not a university in the 
ordinary sense of that word. It has no buildings of its 
own, no apparatus, no teachers. It is a corporation, con¬ 
sisting of a federation of a large number of the higher 
educational institutions in the State. Over these the 
“ University ’’ exercises a supervisory control. In exer¬ 
cising this control the University is represented by a 
Board of Regents. 

Board of Regents.—As now organized the Board of 
Regents consists of eleven members, chosen for terms of 
eleven years by the Legislature. One member goes out 
each year, and either he himself or a new man is elected 
by the Legislature to fill the vacant place. As far as pos¬ 
sible, members are chosen to give representation on the 
Board to each judicial district in the State. The execu¬ 
tive and financial officer of the Board is the State Com¬ 
missioner of Education. 

State Commissioner of Education.—The State Commis¬ 
sioner of Education is chosen by the Board of Regents 
and holds office at their pleasure. As in his office are 
combined the powers and duties of the Superintendent of 
Public Instruction and of the Secretary of the Board of 
Regents, he practically has control of all educational mat¬ 
ters in the State. Eor purposes of management and 
supervision he has the power to create such departments 
as he thinks necessary, and to appoint deputies and heads 
of such departments, subject to the approval of the Board 
of Regents. 

Assistant Commissioners and Other Officers. — Under 


128 the government of new YORK. 

these provisions three assistant commissioners have been 
appointed: (i) One to take charge of the department of 
colleges, professional and technical schools; (2) another 
to take charge of the department of high schools; (3) 
and a third to take charge of the department of elementary 
or common schools. There is a director of the State 
Museum and of the science work, another in charge of 
libraries and home education, and several other officers 
in charge of special divisions of educational work. 

Powers and Duties of the Board of Regents.—The Board 
has power to grant charters of incorporation to colleges, 
universities, academies, professional and technical schools, 
libraries (other than public school libraries), and mu¬ 
seums ; to exercise supervision over such educational insti¬ 
tutions as form a part of the University of the State of 
New York; to inspect them, and to distribute to them 
funds granted by the State for their use; to establish 
examinations as to attainments in learning, and confer 
on successful candidates suitable certificates, diplomas, 
and degrees. 

Powers and Duties of the State Commissioner.—Besides 
acting as the executive and financial officer of the Board 
of Regents in carrying out its special powers and duties, 
the State Commissioner of Education exercises special 
powers in connection with the common and secondary 
schools. He directs the course of study, prepares exam¬ 
inations for teachers, settles disputes about the interpreta¬ 
tion of laws affecting the schools, and sees to the enforce¬ 
ment of the compulsory education law. He must make 
an annual report of the State Department of Education 
to the Legislature. 


EDUCATION. 


129 


Common School Districts.—For the purposes of school 
administration the State is divided into districts, known 
as school districts. In each of these there is maintained 
a free common school. 

School Meetings.— In each district there is held every 
year a meeting of the voters in the district. Only those 
adults, men or women, who own or rent lands in the 
district subject to taxation, or pay taxes on personal 
property of the value of fifty dollars or above, or control 
children who have attended the district school for eight 
weeks previous to the meeting, have the right to vote. 
At these meetings the voters generally elect three trustees, 
a clerk, a collector, and a treasurer. The voters also have 
the power to fix the site of the schoolhouse, and to vote 
a tax on the property of the district for the building and 
maintenance of the school. In addition to this money, 
there is money given to each district by the State. 

School Trustees.—The School Trustees must be quali¬ 
fied voters of the school district, and must be able to read 
and write. When there are three in a district they hold 
office for three years, one retiring and a new one being 
elected each year. They are the executive officers of the 
district. They call special meetings of the voters; attend 
to the purchase of lands for schools; make out tax lists 
for those in the district who have to pay taxes for school 
purposes; employ teachers; make rules for the govern¬ 
ment and discipline of the school; prescribe the course 
of study; make requisitions on the town supervisor for 
money due from the State, and on the collector for money 
due from the district. They are subject to the rules and 


130 


THE GOVERNMENT OF NEW YORK. 


regulations laid down by the State Commissioner of 
Education. 

School Commissioner and His District. —Over a certain 
number or group of school districts in the county is placed 
a School Commissioner. The territory over which he 
has control is known as the School Commissioner’s Dis¬ 
trict. This may comprise the whole county or only a 
portion of it. The Board of Supervisors of the county 
have charge of marking out the districts. The School 
Commissioner is chosen for a term of three years by the 
voters of his district, women being eligible to the office. 
The State pays him a salary of $i,ooo, but this may 
be increased by the Board of Supervisors of the county. 
The powers and duties of the Commissioner over his dis¬ 
trict are much the same as those of the School Trustees 
over their districts. He has the power to change the 
boundaries of the school districts within his district, to 
examine and license teachers, to condemn school build¬ 
ings as unfit, and it is his duty to visit the schools in his 
district, to see that they are properly managed, and to 
do all in his power to promote their best interests. He 
is subject to the control of the State Commissioner of 
Education. 

Union School Districts.— Besides the school district, 
and the School Commissioner’s district, there is another 
district made possible by statute. This is known as the 
Union School District. One or two or more adjoining 
.school districts may form a union district and establish 
a union school. In such a case the ordinary officers of 
the school district cease to exist, and their place is taken 


EDUCATION. 


by a board of education, consisting of from three to nine 
members, elected by the voters of the union district. 
This board exercises the ordinary powers of the School 
Trustees, but it has power in addition to establish a high 
school department, and if the union district has five 
thousand or more inhabitants it may elect a superin¬ 
tendent. 

City Schools.—The schools in cities do not come so 
directly under the control of the State Department of 
Education as do the schools in other districts of the State. 
In cities special provision is made for schools in the city 
charters. They are placed under a board of education 
appointed by the Mayor, or elected by the qualified voters. 
This board is responsible to the State Commissioner, and 
must make such reports to him as the laws require. It 
elects the Superintendent of Schools, who has general 
supervision over the teachers and the schools. Sometimes 
this officer is elected directly by the people. 

Normal Schools.—The State very early found it neces¬ 
sary to provide schools wherein teachers might be trained. 
These are known as Normal Schools. There are twelve 
of them in different localities in the State. They are 
under the control of a local board of managers appointed 
by the State Commissioner, whose approval is necessary 
of any rule or course of study which the managers may 
make. Training for teachers is also given in academies 
in so-called “ teachers’ classes,” and by “ teachers’ insti¬ 
tutes ” under the direction of School Commissioners. In 
New York City there are training schools for teachers 
under the Board of Education, and a Normal College 
under a Board of Trustees. 


THE GOVERNMENT OF NEW YORK. 


T32 

Special Schools. — Schools for Indians, and schools for 
deaf, dumb, and blind are under the State Commissioner, 
who makes provision for their inspection and supervision. 

Teachers^ Licenses.—Every person who desires to teach 
in the schools of the State must have a license or certifi¬ 
cate. These are of various grades, and are issued as the 
result of examinations given by the State Department of 
Education, or by reason of graduation from some college 
or teachers’ training school. In many cities. New York, 
for example, the Board of Education has its own system 
of examinations and licenses and a special license must 
be obtained in order to teach in the city. 

Compulsory Attendance Law.—The State has not only 
provided for the education of its citizens, and for the 
thorough training of teachers, but it has gone further, 
and declared that all children between certain ages must 
go to school. Every child between eight and fourteen 
years of age, who is physically and mentally fit, must 
attend school regularly or receive private instruction of 
equivalent value. Children between the ages of fourteen 
and sixteen must go to school, but are permitted to go to 
work provided they have had one hundred and thirty days 
schooling since they were thirteen years of age. Permits 
are granted by the health officers. Anyone employing a 
child without such a permit is subject to prosecution and 
fine. To see that the attendance law is carried out, certain 
officers, called attendance or truant officers, are appointed 
in each locality. They may arrest truants without war¬ 
rant. Parents failing to see that their children attend 
school according to law are subject to fine. Localities 


EDUCATION. 


133. 

which fail to see that the law is enforced may have their 
portion of school moneys from the State withheld by the 
State Commissioner, and the local officer who wilfully 
neglects its enforcement is liable to removal. 

State Aid for Education —Besides the money raised for 
education in the local district, the State distributes certain 
sums of money from general taxes and also from certain 
funds invested many years ago, the income from which 
is devoted to education. The apportionment of these 
moneys is in the control of the State Commissioner, who 
plans to make the distribution as fair as possible by bas> 
ing it on certain statistics which he receives from the 
various schools. 

Private Educational Institutions. —Outside of the State 
system of education there are numerous private and pa¬ 
rochial schools and denominational colleges. These do 
not receive State aid. The Constitution prohibits the 
giving of any State money to any educational institution 
wholly or partly under the control of any religious de¬ 
nomination, or in which any denominational tenet or 
doctrine is taught. 

Excellence of the New York System. — The centraliza¬ 
tion of the power over the schools in the hands of one 
man has many advantages. It keeps the education uni¬ 
form throughout the State, and prevents certain localities 
from neglecting the education of children by getting in¬ 
ferior teachers. The liberal distribution of money by the 
State has served as an incentive to all the schools to make 
their work of a high order. 


.^34 


THE GOVERNMENT OF NEW YORK. 


Faults of the System.—There is a possibility of over¬ 
doing the uniformity. The educational officers are likely 
to wish to see every teacher teaching in the same way 
and teaching the same things at the same time. There 
is danger of having the whole educational system of the 
State become nothing more than a huge machine. If we 
are not careful, our system may come to be like the one 
which France is said to have had. The story is told that 
the Minister of Public Instruction in that country had 
the system worked out so nicely that he could tell what 
was being taught in every class of every grade at any 
hour and any minute, throughout the length and breadth 
of France. Teaching cannot be carried on like manu¬ 
facturing. A great deal must be left to the teacher. A 
system which will provide good teachers for us is the 
one we want. We do not want one which is so uniform 
in character that the teachers think more of the ma¬ 
chinery than they do of the teaching. 

Examinations.—There is a tendency in the State and 
in the cities to put too much stress on having the pupils 
pass uniform examinations. This system is one which 
is carried to excess in England and in Canada. It has 
some advantages. It keeps a poor teacher up to a certain 
standard of work. It has many disadvantages. It makes 
the school a mere machine for preparing pupils for exam¬ 
inations. Every energy is bent to passing them. Good 
teaching is not done. It becomes mere cramming. The 
good teacher is brought down to the level of the poorest, 
and the poorest is raised but slightly. 

One-man Power.—Eoreign observers have noted it as 
a fact that in our democratic country the educational 


EDUCATION. 


135 


system is run on a more autocratic basis than would be 
possible in the monarchical countries of Europe. Ameri¬ 
cans have found that in order to get things done properly 
it is necessary to choose some one man to do them, and 
then tell him to go ahead. This certainly accomplishes 
the desired end, but if it is carried too far it is danger¬ 
ous. A man endowed with too much power is inclined 
to crush his subordinates. Unless the latter are given 
the privilege of making known their complaints and their 
grievances without being in fear of dismissal or of losing 
promotion, the system is at fault. The complaints of 
subordinates in this branch of the public service, as in 
all other branches, frequently uncover a great deal of 
corruption and incompetence among higher officials. 
Any system which tends to check such complaints tends 
to perpetuate a bad administration when it once gets con¬ 
trol of public affairs. 

Politics in the Schools.—An evil which has prevailed 
in the past more than it does at present has been that of 
making the appointment of teachers, principals, and super¬ 
intendents depend upon political influence. In New York 
City, where the evil was once at its worst, it has been 
almost completely killed by the establishment of “ eligible 
lists.^’ These are lists of candidates, successful in pass¬ 
ing the examinations set for teachers or principals, ranked 
according to the percentage which they attained. When 
a vacancy occurs it is filled by selecting a candidate from 
among those near the head of the list. This system has 
its faults, but it is probably the best devised as yet. Some 
other districts in the State are not so well served as New 
York City. 


THE GOVERNMENT OF NEW YORK. 


136 

Shall School Officials be Elected or Appointed ?—Whether 
school officials in the State, such as commissioners, super¬ 
intendents, and boards of education, should be appointed 
or elected is one of the most vital questions of the day. 
There is strong support for both sides of the question. 
Few deny, however, that the school system, in the neces¬ 
sity for being kept clear from politics, is more nearly like 
the judiciary than any other department of government. 
In the case of the judiciary, we saw that a judge attended 
to his duties better if he were not under the necessity of 
trying to get reelected at short intervals. It is a ques¬ 
tion if the same does not hold true of school officials. In 
districts where the population is small the system of elec¬ 
tion may not be considered an evil, nevertheless the 
temptation to reward political supporters or their friends 
must always be great. In the large cities appointed 
boards of education seem to work better on tlie whole 
than where such boards are elected. The average voter 
in the cities does not seem to be able to distinguish be¬ 
tween the sort of man whom he ought to choose for an 
educational officer and the one whom he chooses for his 
district leader. Even if he were able to do so, the very 
necessity of an educational officer running for office at 
all on a political party ticket draws the schools into 
politics more than could possibly be the case when such 
an officer is put into office by appointment. 

The District Evil. —In providing for the selection 
of a State Commissioner of Education the Legislature 
very wisely enacted that a man not a resident of the State 
might be chosen to the office. That same principle should 
hold true of all educational offices from the lowest grade 


EDUCATION. 


137 

teacher to the highest official. Unfortunately it does not. 
Ihe policy of getting “home talent” in preference to 
outsiders ” is responsible for a good deal of poor work 
in our educational department. It is an evil which is not 
confined to New York State, however, but it is one which 
we should do well to take the lead in stamping out as 
much as possible. The mental ability of no two people 
is the same, and in matters of education, at least, we 
should always try to get the best person procurable, 
whether from some other district than our own within 
the State, or from some other State. 

SUGGESTIVE QUESTIONS. 

1. Make a study of the way in which the school system of your 

home is maintained and governed: (a) Is there a school 
meeting ? (b) Who are the school officers ? How do they 
get their positions, and for what terms ? (c) How are the 
teachers selected ? (d) Who votes the school taxes ? How 

much was raised last year ? (e) How much State aid was 
received (f) How is the supervision of the schools pro¬ 
vided for? 

2. What recommendations were made by the school commis¬ 

sioner or superintendent in charge of your district in his 
last report ? 

3. Is the law regarding compulsory education enforced in your 

locality ? Get a copy of the work certificate from the 
health officer and follow the steps that must be taken be¬ 
fore an employer is allowed to give employment to a boy 
under sixteen. 

4. Make a list of the sources from which the State receives 

money for the State Department of Education. (See the 
Legislative Manual.) 

5. Subject for debate; Should school officials, such as commis¬ 

sioners, superintendents and boards of education, be elected 
or appointed ? 


CHAPTER XIV. 


AMENDMENTS TO THE CONSTITUTION. 

Power of the People. —It is proper that the closing 
chapter should be devoted to the consideration of how 
the State Government may be changed. The State must 
have a republican form of government and is prohibited 
from doing certain things specified in the Federal Con¬ 
stitution. Outside of these restrictions, the people of 
New York State can do what they please with their gov¬ 
ernment. They can at their pleasure change its whole 
machinery so completely that the future working of it 
would be almost entirely different from that which it is 
to-day. These changes they may make through their 
representatives in the Senate and Assembly by means of 
amendments to the Constitution, or through a Constitu¬ 
tional Convention the delegates to which are elected by 
the voters for the especial purpose of changing the Con¬ 
stitution. 

Amendments. —Amendments may be proposed in the 
Senate and Assembly. If they are agreed to by a ma¬ 
jority of the members elected to each house they are to 
be referred to the Legislature to be chosen at the next 
general election of Senators. Three months before such 
an election takes place, however, the proposed amendment 
or amendments must be published, so that the voters may 

138 


AMENDMENTS TO THE CONSTITUTION. 


139 


know what they are. If the Legislature then chosen 
approves of the amendments by a majority of those 
elected to each house, it must then submit them to the 
people for approval. If a majority of the voters approve 
of them, they become a part of the Constitution on the 
first day of January following such approval. 

Constitutional Convention.—The Constitution provides 
that at the general election to be held in the year 1916 
and in every twentieth year thereafter, or at any other 
time that the Legislature may provide by law, the ques¬ 
tion shall be put to the voters: “ Shall there be a conven¬ 
tion to revise the Constitution and amend the same?” 
If a majority of the voters decide in favor of it, three 
delegates are chosen from each Senate District at the 
election in the year following and also fifteen delegates- 
at-large. These form the Convention. Any constitu¬ 
tion or constitutional amendment approved by a majority 
of the members elected to the Convention must be sub¬ 
mitted to the people not less than six weeks after the 
Convention has finished its work and adjourned. If the 
majority of the voters approve of the changes, then the 
new or amended Constitution goes into effect on the first 
day of January following its approval by the voters. 

Character of the Constitutional Convention. —The dele- 
,gates chosen to the last Constitutional Convention in this 
State, held in 1894, were among the most capable men 
in the State. However careless the voters may some¬ 
times show themselves in electing members of the Legis¬ 
lature, when it comes to the Constitutional Convention 
they choose the best. The Constitution is a document 


140 


THE GOVERNMENT OF NEW YORK. 


that they do not care to have tampered with by any in¬ 
ferior men. 

Interest in Conventions.—The general public and the 
newspapers manifest the greatest interest in the Conven¬ 
tion, far more than is shown in the proceedings of the 
Legislature. Perhaps, if the same interest were shown 
in the latter as in the former body, our legislative enact¬ 
ment would be of a higher order, and the men chosen 
to the Legislature would compare more favorably than 
they do now with the men chosen to the Convention. 
The Convention, however, only comes at great intervals. 
It is possible to awaken greater interest in it for that 
reason. The voters do not seem to be able to keep up 
their interest in a body which, like the Legislature, meets 
every year. 

History of Amendments.—Since 1894 there have been 
no amendments to the Constitution. Preceding that date, 
of the many amendments submitted for approval the peo¬ 
ple accepted a very large number and rejected only a few. 
In 1869 they rejected an amendment relating to assess¬ 
ments, in 1873 rejected by overwhelming majorities 
amendments making the judges of the higher and of many 
of the lower courts appointive, and in 1892 they rejected 
amendments relating to the powers of the two houses of 
the Legislature, the election of additional judges to the 
Supreme Court, and a third relating to certain Salt 
Springs. Many amendments, however, have been pro¬ 
posed in the Legislature which have never been sub¬ 
mitted to the people because they have not received the 
requisite number of votes in the two houses. The large 


AMENDMENTS TO THE CONSTITUTION. 141 

number of amendments accepted and the few rejected 
by the people go to show that the Legislature is very 
careful of the sort of amendments it submits to the voters 
rather than that the people are careless in their considera¬ 
tion of them. 

History of Conventions.—The people, as we have seen 
earlier, have never shown themselves opposed to increas¬ 
ing the length of the Constitution. They have always 
accepted the proposals for conventions and have with one 
exception approved of the constitutions or amendments 
proposed by them. In 1869, however, they rejected the 
Constitution as amended by the Convention called in 1866, 
and accepted only two of the amendments proposed. 


SUGGESTIVE QUESTIONS. 

1. Why should a proposed amendment be printed for three 

months preceding the general election following its first 
adoption by the Legislature? 

2. What reasons can you give for the requirement that an amend¬ 

ment shall be adopted by two Legislatures ? 

3. Why is it made more difficult to make an amendment to the 

Constitution than it is to pass a law? 

4. Compare the method of amending the Federal Constitution 

with that of amending the State Constitution. 

5. Give reasons for and against long constitutions. 



\ 


STATE AND LOCAL OFFICERS. 

(In the order in which they appear in the text.) 


Names. 


Legislature. 


Term of Office. 


Senator. 

Assemblyman 


2 years. 
I year. 


Executive. 

Governor. 

Lieutenant Governor. 

Secretary of State . 

Comptroller ... 

Treasurer. 

Attorney-General. 

State Engineer. 

Sup’t of Public Works.-j 

Superintendent of Insurance.... 

Superintendent of Banks . 

Superintendent of Prisons. 

Commissioner of Health. 

Commissioner of Agriculture.... 
Commissioner of Labor. 

Sup’t of Weights and Measures -j 

Sup’t of Public Buildings. 

Regents.... v. 

Board of Charities. 

Lunacy Commissioners. 

Prison Commissioners. 

Railroad Commissioners_... 

Port Wardens. 

Tax Commissioners... .. 

Quarantine Commissioners .... 
Civil Service Commissioners. 


2 years. 

2 years. 

2 years. 

2 years. 

2 years. 

2 years. 

2 years. 

Same as appoint¬ 
ing Governor. 

3 years. 

3 years. 

5 years. 

4 years. 

3 years. 

4 years. 
Pleasure of ap¬ 
pointing power. 

2 years. 

II years. 

8 years. 

6 years. 

8 years. 

5 years. 

3 years. 

3 years. 

3 years. 

Indefinite. 


Judiciary. 

Judges of Court of Appeals.... 
Supreme Court Justices. 

County Judge. 

Surrogate. 

Justice of the Peace . 

Judges of Gen. Sess., N. Y. C.. 
fustices of City Court, N. Y. C. 
Municipal C’t Justices, N. Y.C.. 
Court of Special Sess , N. Y. C. 

City Magistrates, N. Y. C. 

Coroner —. 

Judges of Court of Claims. 

Co 7 inty. 

Supervisor (see below). 

Sheriff . 


! 


14 years. 
14 years. 

6 years. 

6 years. 
4 years. 
14 years. 
10 years. 
10 years. 
10 years. 

10 years. 

3 years. 
6 years. 


2 years. 

3 years. 


Salaries. 


How Chosen. 


$1,500 I 
1.500 f 


- n 
V 
UP 
n 


By the people. 
By the people. 


10,000 

5,000 

5,000 

6,000 

5,000 

5,000 

5,000 

6,000 

7,000 

7,000 

6,000 

3.500 

4,000 

3.500 

500 

5,000 

None, 
Per day. 
3.500-7,500 
Up to 4,000 
8,000 
Fees. 
5,000 

2.500 
3,000 


By the people. 

By the people. 

By the people. 

By the people. 

By the people. 

By the people. 

By the people. 

By Gov. and Sen. 

By Gov. and Sen. 

By Gov. and Sen. 

By Gov. and Sen. 

By Gov. and Sen. 

By Gov. and Sen. 

By Gov. and Sen. 
j By Gov., Lt. Gov., and 
) Secretary of State. 

I j By Gov., Lt. Gov., and 
j I Speaker of Assem. 
j By Legislature. 

By Gov. and Sen. 

[ By Gov. and Sen. 

By Gov. and Sen. 

By Gov. and Sen. 

By Gov. and Sen. 

By Gov. and Sen. 

By Gov. and Sen. 

By Gov. and Sen. 


13.700 

7,200 
Fixed by 
, Legis. 
Varies. 
Fees. 
12,000 
10,000 
6,000 

6,000-9,000 

5,000-7,000 

Fees. 

5,000 


By the people. 

By the people. 

By the people. 

By the people. 

By the people. 

By the people. 

By the people. 

By the people. 
Appointed by Mayor, 
j Appointed by Mayor. 
I Some elected. 
Fleeted by people. 
By Go/, and Sen. 


Per day. 
Fees. 


Fleeted by people. 
Fleeted by people. 


142 
























































STATE AND LOCAL OFFICERS. 


143 


STATE AND LOCAL OFFICERS {Continued). 


Names. 

Term of Office. 

. 

Salaries. 

How Chosen. 

County {continued ). 




County Clerk. 

3 years. 

Fees. 

Elected by people. 

County Treasurer. 

3 years. 

Varies. 

Elected by people. 

District Attorney. 

3 years. 

Varies. 

Elected by people. 

Superintendents of Poor. 

3 years. 

Varies. 

Elected by people. 

School Commissioner. 

3 years. 

1,000 + 

Elected by people. 

Town. 




Supervisor. 

2 years. 

Per day. 

By the people. 

Town Clerk . 

2 years. 

Fees. 

By the people. 

Collector. 

2 years. 

Percentage. 

By the people. 

Assessors. 

2 years. 

Per day. 

By the people. 

Commissioner of Highways. 

2 years. 

Per day. 

By the people. 

Overseers of Poor. 

2 years. 

Per day. 

By the people. 

Constables. 

2 years. 

Fees. 

By the people. 

Inspectors of Elections. ... 

2 years. 

Per day. 

By the people. 

Village. 




Board of Trustees. 

2 years. 

None. 

By the people. 

Village President. 

I year. 

None. 

By the people. 

Treasurer. 

I year. 

Varies. 

By the people. 

Clerk. 

I year. 

Varies. 

By the people. 

Assessors. 

I year. 

Per day. 

By the people. 

Collector. 

I year. 

Percentage. 

By the people. 

Board of Health. 

I year. 

None. 

By the Trustees. 

Street Commissioner. 

I year. 

Varies. 

By the people. 

Fire Commissioner. 

I year. 

None. 

By the people. 

Water Commissioner. 

I year. 

None. 

By the people. 

Light Commissioner. 

T year. 

None. 

By the people. 

Police Justice. 

4 years. 

Fees. 

By the people. 

New York City. 




Aldermen. 

2 years. 

$1,000 

By the people. 

President of Board of Aldermen. 

4 years. 

5,000 

By the people. 

City Clerk. 

6 years. 

7,000 

By Board of Aldermen. 

Borough Presidents. 

4 years. 

5,000-7,500 

By the people. 

Mayor. 

4 years. 

15,000 

By the people. 

Commissioners of Accounts. 

j Pleasure of 
( Mayor. 

5,000 

By the Mayor. 

Civil Service Commissioners. 

<< 

3,000 

By the Mayor. 

Corporation Counsel. 


15,000 

By the Mayor. 

Commissioner of Police. 

5 years. 

7 > 5 oo 

By the Mayor. 

Commissioner of Water Supply.. 

j Pleasure of 

1 Mayor. 

7.500 

By the Mayor. 

Commissioner of Street Cleaning. 


7.500 

By the Mayor. 

Commissioner of Bridges. 

ii 

7.500 

By the Mayor. 

Commissioners of Parks. 

a 

5,000 

By the Mayor. 

Commissioner of Charities. 

i< 

7.500 

By the Mayor. 

Commissioner of Correction. 

(< 

7.500 

By the M ayor. 

Fire Commissioner. 

i ( 

7.500 

By the Mayor. 

Commissioner of Docks. 

(< 

6,000 

By the Mayor. 

Commissioners of Taxes. 


7,000-8,000 

By the Mayor. 

Board of Education. 

5 years. 

None. 

By the Mayor. 

City Superintendent of Schools.. 

6 years. 

8,000 

By Board of Education. 

Associate Superintendents. 

6 years. 

5.500 

By Board of Education. 

Superintendent of School B’ldgs. 

6 years. 

8,000 

By Board of Education. 

Superintendent of Sch’l Supplies. 

6 years. 

4,000 

By Board of Education. 

Supervisor of Lectures. 

6 years. 

5,000 

By Board of Education. 

Commissioner of Health. 

j Pleasure of 
) Mayor. 

7.500 

By the Mayor. 

Tenement House Commissioner. 


7.500 

By the Mayor. 

Comptroller. 

4 years. 

15,000 

By the people. 





























































144 


THE GOVERNMENT OF NEW YORK. 


STATE AND LOCAL OFFICERS {Concluded). 


Names. 


Term of Office. 


New York City {continued). 

Chamberlain. 

Judges (see Judiciary). 

Superintendents of Buildings.... 
Commissioners of Public Works. 


{ 


Pleasure of 
Mayor. 


Pleasure of 

Boro. President. 
( < 


Buffalo. 

Councilmen. 

Aldermen. 

City Clerk. 

Mayor.. 

Comptroller. 

Treasurer. 

Assessors. . 

Corporation Counsel. 

Commissioner of Public Works.. 
City Superintendent of Schools.. 

Overseer of the Poor. 

Police Commissioners. 

Commissioner of Health. 

Fire Commissioners. 

Park Commissioners. 

Examiners of Schools. 


4 years. 
2 years. 
I year. 

4 years. 
4 years. 
4 years. 
6 years. 
4 years. 
4 years. 
4 years. 

4 years. 
6 years. 

5 years. 

6 years. 
6 years. 
5 years. 


Municipal Court Judges. 

Police Justice. 

Justices of the Peace. 


6 years. 
4 years. 
4 years. 


Education. 

State Commissioner. ... 

Assistant Commissioners 

School Trustees. 

Clerk. 

Collector. 

Treasurer. 

School Commissioner... 

School Board. 

Superintendent. 


( Pleasure of 
( the Regents, 
j Pleasure of 
I State Comm’r. 
1-3 years. 

I year. 

I year. 

I year. 

3 years. 
Varies. 
Varies. 


Salaries. 


12,000 


2,500-5,000 

Varies. 

1,000 

1,000 

2.500 
$5,000 

4,000 

5,000 

3.500 

5,000 

5,000 

5,000 

3.500 

2.500 
4,000 

Per day. 
None. 

500 

4,000 

5,000 

1,200-1,800 


7.500 

5.000 

None. 

Varies. 

Varies. 

Varies. 

1,000 + 
None. 
Varies. 


Convention. 
Delegates. 


Indefinite. 


j 1.500 + 

I mileage. 


How Chosen. 


By the Mayor. 


By Borough President. 
By Borough President. 

By the people. 

By the people. 

By Common Council. 
By the people. 

By the people. 

By the people. 

By the people. 

By the people. 

By the people. 

By the people. 

By the people. 

By the Mayor. 

By the Mayor. 

By the Mayor. 

By the Mayor. 

By the Mayor. 

By the people. 

By the people. 

By the people. 


By the Regents. 

By State Commissioner 
and Regents. 

By the people. 

By the people. 

By the people. 

By the people. 

By the people. 

By the people 
By the Board. 


By the people. 




























































THE CONSTITUTION. 


We, the People of the State of New York, grateful to Almighty 

God for our Freedom, in order to secure its blessings, do estab¬ 
lish THIS Constitution. 

ARTICLE I. 

NO PERSON TO BE DISFRANCHISED. 

Section i. No member of this State shall be disfranchised, or 
deprived of any of the rights or privileges secured to any citizen 
thereof, unless by the law of the land, or the judgment of his peers. 

trial by jury. 

Sec. 2. The trial by jury in all cases in which it has been here¬ 
tofore used shall remain inviolate forever; but a jury trial may be 
waived by the parties in all civil cases in the manner to be pre¬ 
scribed by law. 

RELIGIOUS liberty. 

Sec. 3. The free exercise and enjoyment of religious profession 
and worship, without discrimination or preference, shall forever 
be allowed in this State to all mankind; and no person shall be 
rendered incompetent to be a witness on account of his opinions 
on matters of religious belief; but the liberty of conscience hereby 
secured shall not be so construed as to excuse acts of licentious¬ 
ness, or justify practices inconsistent with the peace or safety of 
this State. 

WRIT OF habeas CORPUS. 

Sec. 4. The privilege of the writ of habeas corpus shall not be 
suspended, unless when, in cases of rebellion or invasion, the pub¬ 
lic safety may require its suspension. 

bail, fines. 

Sec. 5. Excessive bail shall not be required nor excessive fines 
imposed, nor shall cruel and unusual punishments be inflicted, nor 
shall witnesses be unreasonably detained. 

145 


146 


THE GOVERNMENT OF NEW YORK. 


GRAND JURY—BILL OF RIGHTS. 

Sec. 6. No person shall be held to answer for a capital or other¬ 
wise infamous crime (except in cases of impeachment, and in cases 
of militia when in actual service; and the land and naval forces 
in time of war, or which this State may keep with the consent of 
Congress in time of peace, and in cases of petit larceny, under 
the regulation of the Legislature), unless on presentment or in¬ 
dictment of a grand jury, and in any trial in any court whatever 
the party accused shall be allowed to appear and defend in person 
and with counsel as in civil actions. No person shall be subject to 
be twice put in jeopardy for the same offense; nor shall he be 
compelled in any criminal case to be a witness against himself; 
nor be deprived of life, liberty or property without due process of 
law; nor shall private property be taken for public use, without 
just compensation. 

PRIVATE PROPERTY—PRIVATE ROADS. 

Sec. 7. When private property shall be taken for any public use, 
the compensation to be made therefor, when such compensation is 
not made by the State, shall be ascertained by a jury, or by not less 
than three commissioners appointed by a court of record, as shall 
be prescribed by law. Private roads may be opened in the manner 
to be prescribed by law; but in every case the necessity of the road 
and the amount of all damage to be sustained by the opening 
thereof shall be first determined by a jury of freeholders, and such 
amount, together with the expenses of the proceeding, shall be 
paid by the person to be benefited. General laws may be passed 
permitting the owners or occupants of agricultural lands to con¬ 
struct and maintain for the drainage thereof, necessary drains, 
ditches and dikes upon the lands of others, under proper restric¬ 
tions and with just compensation, but no special laws shall be 
enacted for such purposes. 

FREEDOM OF SPEECH AND OF THE PRESS. 

Sec. 8. Every citizen may freely speak, write and publish his 
sentiments on all subjects, being responsible for the abuse of that 
right; and no law shall be passed to restrain or abridge the liberty 
of speech or of the press. In all criminal prosecutions or indict¬ 
ments for libels, the truth may be given in evidence to the jury; 
and if it shall appear to the jury that the matter charged as libelous 
is true, and was published with good motives and for justifiable 


TTIE CONSTITUTION. 


T47 

ends, the party shall be acquitted: and the jury shall have the 
right to determine the law and the fact. 

RIGHT OF PETITION—DIVORCES—LOTTERIES. 

Sec. 9. No law shall be passed abridging the right of the people 
peaceably to assemble and to petition the government, or any de¬ 
partment thereof; nor shall any divorce be granted otherwise than 
by due judicial proceedings; nor shall any lottery or the sale of 
lottery tickets, pool-selling, book-making, or any other kind of 
gambling hereafter be authorized or allowed within this State; and 
the Legislature shall pass appropriate laws to prevent offenses 
against any of the provisions of this section. 

RIGHT OF PROPERTY IN LANDS—ESCHEATS. 

Sec. 10. The people of this State, in their right of sovereignty, 
are deemed to possess the original and ultimate property in and 
to all lands within the jurisdiction of the State; and all lands the 
title to which shall fail, from a defect of heirs, shall revert, or 
escheat to the people. 

FEUDAL TENURES ABOLISHED. 

Sec. II. All feudal tenures of every description, with all their 
incidents, are declared to be abolished, saving, however, all rents 
and services certain which at any time heretofore have been law¬ 
fully created or reserved. 

ALLODIAL tenure. 

Sec. 12. All lands within this State are declared to be allodial, 
so that, subject only to the liability to escheat, the entire and 
absolute property is vested in the owners, according to the nature 
of their respective estates. 

CERTAIN LEASES INVALID. 

Sec. 13. No lease or grant of agricultural land, for a longer 
period than twelve years, hereafter made, in which shall be reserved 
any rent or service of any kind, shall be valid. 

FINES AND QUARTER SALES ABOLISHED. 

Sec. 14. All fines, quarter sales, or other like restraints upon 
alienation reserved in any grant of land, hereafter to be made, shall 
be void. 

SALE OF LANDS. 

Sec. 15. No purchase or contract for the sale of lands in this 
State made since the fourteenth day of October, one thousand 


148 the GOVERNAIENT OE NEW YORK. 

seven hundred and seventy-five; or which may hereafter be made, 
of, or with the Indians, shall be valid, unless made under the 
authority, and with the consent of the Legislature. 

OLD COLONY LAWS AND ACTS OF THE LEGISLATURE—COMMON LAW— 
COMMISSIONERS TO BE APPOINTED—THEIR DUTIES. 

Sec. i6 . Such parts of the common law, and of the acts of the 
Legislature of the colony of New York, as together did form the 
law of the said colony, on the nineteenth day of April, one thou¬ 
sand seven hundred and seventy-five, and the resolutions of the 
Congress of the said colony, and of the convention of the State 
of New York, in force on the twentieth day of April, one thousand 
seven hundred and seventy-seven, which have not since expired, 
or been repealed or altered; and such acts of the Legislature of 
this State as are now in force, shall be and continue the law of 
this State, subject to such alterations as the Legislature shall make 
concerning the same. But all such parts of the common law, and 
such of the said acts, or parts thereof, as are repugnant to this 
Constitution, are hereby abrogated. 

GRANTS OF LAND SINCE 1775—PRIOR GRANTS. 

Sec. 17. All grants of land within the State, made by the king 
of Great Britain, or persons acting under his authority, after the 
fourteenth day of October, one thousand seven hundred and 
seventy-five, shall be null and void; but nothing contained in this 
Constitution shall affect any grants of land within this State, made 
by the authority of the said king or his predecessors, or shall 
annul any charters to bodies politic and corporate, by him or them 
made, before that day; or shall affect any such grants or charters 
since made by this State, or by persons acting under its authority; 
or shall impair the obligation of any debts contracted by the State, 
or individuals, or bodies corporate, or any other rights of prop¬ 
erty, or any suits, actions, rights of action, or other proceedings 
in courts of justice. 

Sec. 18. The right of action now existing to recover damages 
for injuries resulting in death, shall never be abrogated; and the 
amount recoverable shall not be subject to any statutory limitation. 

ARTICLE II. 

QUALIFICATION OF VOTERS. 

Section i. Every male citizen of the age of twenty-one years, 
who shall have been a citizen for ninety days, and an inhabitant 


THE CONSTITUTION. 


149 

of this State one year next preceding an election, and the last four 
months a resident of the county, and for the last thirty days a 
resident of the election district in which he may offer his vote, 
shall be entitled to vote at such election in the election district of 
which he shall at the time be a resident, and not elsewhere, for all 
officers that now are or hereafter may be elective by the people; 
and upon all questions which may be submitted to the vote of the 
people, provided that in time of war no elector in the actual military 
service of the State, or of the United States, in the army or navy 
thereof, shall be deprived of his vote by reason of his absence 
from such election district; and the Legislature shall have power to 
provide the manner in which and the time and place at which 
such absent electors may vote, and for the return and canvass of 
their votes in the election districts in which they respectively reside, 

PERSONS EXCLUDED FROM THE RIGHT OF SUFFRAGE, ETC. 

Sec. 2. No person who shall receive, accept, or offer to receive, 
or pay, offer or promise to pay, contribute, offer or promise to 
contribute to another, to be paid or used, any money or other 
valuable thing as a compensation or reward for the giving or with¬ 
holding a vote at an election, or who shall make any promise to 
influence the giving or withholding any such vote, or who shall 
make or become directly or indirectly interested in any bet or wager 
depending upon the result of any election, shall vote at such elec¬ 
tion ; and upon challenge for such cause, the person so challenged, 
before the officers authorized for that purpose shall receive his 
vote, shall swear or affirm before such officers that he has not 
received or offered, does not expect to receive, has not paid, 
offered or promised to pay, contributed, offered or promised to 
contribute to another, to be paid or used, any money or other 
valuable thing as a compensation or reward for the giving or 
withholding a vote at such election, and has not made any promise 
to influence the giving or withholding of any such vote, nor made 
or become directly or indirectly interested in any bet or wager 
depending upon the result of such election. The Legislature shall 
enact laws excluding from the right of suffrage all persons con¬ 
victed of bribery or of any infamous crime. 

CERTAIN employments NOT TO AFFECT RESIDENCE OF VOTERS 
Sec. 3. For the purpose of voting, no person shall be deemed 
to have gained or lost a residence, by reason of his presence or 
absence, while employed in the service of the United States; nor 


THE GOVERNMENT OF NEW YORK. 


^50 

while engaged in the navigation of the waters of this State, or of 
the United States, or of the high seas; nor while a student of any 
seminary of learning; nor while kept at any almshouse, or other 
asylum, or institution wholly or partly supported at public expense, 
or by charity; nor while confined in any public prison. 

LAWS TO BE PASSED. 

Sec. 4. Laws shall be made for ascertaining, by proper proofs, 
the citizens who shall be entitled to the right of suffrage hereby 
established, and for the registration of voters; which registration 
shall be completed at least ten days before each election. Such 
registration shall not be required for town and village elections 
except by express provision of law. In cities and villages having 
five thousand inhabitants or more, according to the last preceding 
State enumeration of inhabitants, voters shall be registered upon 
personal application only; but voters not residing in such cities 
or villages shall not be required to apply in person for registration 
at the first meeting of the officers having charge of the registry 
of voters. 

election to be by ballot. 

Sec. 5. All elections by the citizens, except for such town offi¬ 
cers as may by law be directed to be otherwise chosen, shall be by 
ballot, or by such other method as may be prescribed by law, pro¬ 
vided that secrecy in voting be preserved. 

Sec. 6. All laws creating, regulating or affecting boards of offi¬ 
cers charged with the duty of registering voters, or of distributing 
ballots at the poll's to voters, or of receiving, recording or count¬ 
ing votes at elections, shall secure equal representation of the two 
political parties which, at the general election next preceding that 
for which such boards or officers are to serve, cast the highest 
and the next highest number of votes. All such boards and offi¬ 
cers shall be appointed or elected in such manner, and upon the 
nomination of such representatives of said parties respectively, as 
the Legislature may direct. Existing laws on this subject shall 
continue until the Legislature shall otherwise provide. This sec¬ 
tion shall not apply to town meetings, or to village elections. 

ARTICLE III. 

LEGISLATIVE POWERS. 

Section i. The legislative power of this State shall be vested 
in the Senate and Assembly. 


THE CONSTirUTION. 


T51 


SENATE AND ASSEMBLY, NUMBER OF MEMBERS, 

Sec. 2. The Senate shall consist of fifty members, except as 
hereinafter provided. The senators elected in the year one thou¬ 
sand eight hundred and ninety-five shall hold their offices for three 
years, and their successors shall be chosen for two years. The 
Assembly shall consist of one hundred and fifty members who shall 
be chosen for one year. 

SENATE DISTRICTS. 

Sec. 3. The State shall be divided into fifty districts to be 
called senate districts, each of which shall choose one senator. 
The districts shall be numbered from one to fifty, inclusive. 
[Enumeration and boundaries follow here.] 

ENUMERATION TO BE TAKEN EVERY TEN YEARS—SENATE DISTRICTS, 

HOW ALTERED 

Sec, 4. An enumeration of the inhabitants of the State shall 
be taken under the direction of the Secretary of State, during the 
months of May and June, in the year one thousand nine hundred 
and five, and in the same months every tenth year thereafter; and 
the said districts shall be so altered by the Legislature at the first 
regular session after the return of every enumeration, that each 
senate district shall contain as nearly as may be an equal number 
of inhabitants, excluding aliens, and be in as compact form as 
practicable, and shall remain unaltered until the return of another 
enumeration, and shall at all times consist of contiguous territory, 
and no county shall be divided in the formation of a senate district 
except to make two or more senate districts wholly in such county. 
No town, and no block in a city inclosed by streets or public ways, 
shall be divided in the formation of senate districts; nor shall any 
district contain a greater excess in population over an adjoining 
district in the same county, than the population of a town or block 
therein, adjoining such district. Counties, towns or blocks which, 
from their location, may be included in either of two districts, shall 
be so placed as to make said districts most nearly equal in number 
of inhabitants, excluding aliens. 

No county shall have four or more senators unless it sh^ll have 
a full ratio for each senator. No county shall have more than one- 
third of all the senators; and no two counties or the territory 
thereof as now organized, which are adjoining counties, or which 
are separated only by public waters, shall have more than one-half 
of all the senators. 


THE GOVERNMENT OF NEW YORK. 


T52 

The ratio for apportioning senators shall always be obtained 
by dividing the number of inhabitants, excluding aliens, by fifty, and 
the Senate shall always be composed of fifty members, except that 
if any county having three or more senators at the time of any 
apportionment shall be entitled on such ratio to an additional senator 
or senators, such additional senator or senators shall be given to 
such county in addition to the fifty senators, and the whole number 
of senators shall be increased to that extent. 

MEMBERS OF ASSEMBLY, NUMBER OF, ETC. 

Sec. 5. The members of the Assembly shall be chosen by single 
districts, and shall be apportioned by the Legislature at the first 
regular session after the return of every enumeration among the 
several counties of the State, as nearly as may be according to 
the number of their respective inhabitants, excluding aliens. Every 
county heretofore established and separately organized, except the 
county of Hamilton, shall always be entitled to one member of 
assembly, and no county shall hereafter be erected unless its popula¬ 
tion shall entitle it to a member. The county of Hamilton shall 
elect with the county of Fulton, until the population of the county 
of Hamilton shall, according to the ratio, entitle it to a member. 
But the Legislature may abolish the said county of Hamilton and 
annex the territory thereof to some other county or counties. 

The quotient obtained by dividing the whole number of inhabit¬ 
ants of the State, excluding aliens, by the number of members of 
assembly, shall be the ratio for apportionment, which shall be made 
as follows: One member of assembly shall be apportioned to every 
county, including Fulton and Hamilton as one county, containing 
less than the ratio and one-half over. Two members shall be appor¬ 
tioned to every other county. The remaining menibers of assembly 
shall be apportioned to the counties having more than two ratios 
according to the number of inhabitants, excluding aliens. Members 
apportioned on remainders shall be apportioned to the counties hav¬ 
ing the highest remainders in the order thereof respectively. No 
county shall have more members of assembly than a county having 
a greater number of inhabitants, excluding aliens. [Enumeration 
follows here.] 

In any county entitled to more than one member, the board of 
supervisors, and in any city embracing an entire county and having 
no board of supervisors, the common council, or if there be none, 
the body exercising the powers of a common council, shall assemble 
on the second Tuesday of June, one thousand eight hundred and 


THE CONSTITUTION. 


153 

ninety-five, and at such times as the Legislature making an appor¬ 
tionment shall prescribe, and divide such counties into assembly 
districts as nearly equal in number of inhabitants, excluding aliens, 
as may be, of convenient and contiguous territory in as compact 
form as practicable, each of which shall be wholly within a senate 
district formed under the same apportionment equal to the number 
of members of assembly to which such county shall be entitled, and 
shall cause to be filed in the office of the Secretary of State and 
of the clerk of such county; a description of such districts, specify¬ 
ing the number of each district and of the inhabitants thereof, 
excluding aliens, according to the last preceding enumeration; and 
such apportionment and districts shall remain unaltered until an¬ 
other enumeration shall be made, as herein provided; but said 
division of the city of Brooklyn and the county of Kings to be made 
on the second Tuesday of June, one thousand eight hundred and 
ninety-five, shall be made by the common council of said city and 
the board of supervisors of said county, assembled in joint session. 
In counties having more than one senate district, the same number 
of asembly districts shall be put in each senate district unless the 
assembly districts cannot be evenly divided among the senate 
districts of any county, in which case one more assembly district 
shall be put in the senate district in such county having the largest, 
or one less assembly district shall be put in the senate district 
in such county having the smallest number of inhabitants, excluding 
aliens, as the case may require. No town, and no block in a city 
inclosed by streets or public ways, shall be divided in the formation 
of assembly districts, nor shall any district contain a greater excess 
in population over an adjoining district in the same senate district, 
than the population of a town or block therein adjoining such 
assembly district. Towns or blocks which, from their location, 
may be included in either of two districts, shall be so placed as 
to make said districts most nearly equal in number of inhabitants, 
excluding aliens; but in the division of cities under the first ap¬ 
portionment, regard shall be had to the number of -inhabitants, 
excluding aliens, of the election districts according to the State 
enumeration of one thousand eight hundred and ninety-two, so far 
as may be, instead of blocks. Nothing in this section shall prevent 
the division, at any time, of counties and towns, and the erection 
of new towns by the Legislature. 

An apportionment by the Legislature, or other body, shall be 
subject to review by the Supreme Court, at the suit of any citizen, 
under such reasonable regulations as the Legislature may prescribe; 


THE GOVERNMENT OF NEW YORK. 


154 

and any court before which a cause may be pending involving an 
apportionment, shall give precedence thereto over all other causes 
and proceedings, and if said court be not in session it shall convene 
promptly for the disposition of the same. 

PAY OF MEMBERS. 

Sec. 6 . Each member of the Legislature shall receive for his 
services an annual salary of one thousand five hundred dollars. 
The members of either house shall also receive the sum of one dollar 
for every ten miles they shall travel in going to and returning from 
their place of meeting, once in each session, on the most usual route. 
Senators, when the Senate alone is convened in extraordinary ses¬ 
sion, or when serving as members of the Court for the Trial of 
Impeachments, and such members of the assembly, not exceeding 
nine in number, as shall be appointed managers of an impeachment, 
shall receive an additional allowance of ten dollars a day. 

NO MEMBER TO RECEIVE AN APPOINTMENT. 

Sec. 7. No member of the Legislature shall receive any civil 
appointment within this State, or the Senate of the United States, 
from the Governor, the Governor and Senate, or from the Legisla¬ 
ture, or from any city government, during the time for which he 
shall have been elected; and all such appointments and all votes 
given for any such member for any such office or appointments 
shall be void. 

PERSONS DISQUALIFIED FOR BEING MEMBERS. 

Sec. 8 . No person shall be eligible to the Legislature, who at 
the time of his election, is, or within one hundred days previous 
thereto has been, a member of Congress, a civil or military officer 
under the United States, or an officer under any city government. 
And if any person shall, after his election as a member of the Leg¬ 
islature, be elected to Congress, or appointed to any office, civil or 
military, under the government of the United States, or under 
any city government, his acceptance thereof shall vacate his seat. 

TIME OF ELECTION FIXED. 

Sec. 9. The elections of senators and members of assembly, pur¬ 
suant to the provisions of this Constitution, shall be held on the 
Tuesday succeeding the first Monday of November, unless otherwise 
directed by the Legislature. 


THE CONSTITUTION. 


155 


POWERS OF EACH HOUSE. 

Sec. 10. A majority of each house shall constitute a quorum to 
do business. Each house shall determine the rules of its own pro¬ 
ceedings, and be the judge of the elections, returns and qualifications 
of its own members; shall choose its own officers; and the Senate 
shall choose a temporary president to preside in case of the absence 
or impeachment of the Lieutenant-Governor, or when he shall refuse 
to act as president, or shall act as Governor. 

JOURNALS TO BE KEPT. 

Sec. II. Each house shall keep a journal of its proceedings, and 
publish the same, except such parts as may require secrecy. The 
doors of each house shall be kept open, except when the public 
welfare shall require secrecy. Neither house shall, without the con¬ 
sent of the other, adjourn for more than two days. 

NO members to be questioned, etc. 

Sec. 12. For any speech or debate in either house of the Legis¬ 
lature, the members shall not be questioned in any other place. 

BILLS MAY ORIGINATE IN EITHER HOUSE. 

Sec. 13. Any bill may originate in either house of the Legislature, 
and all bills passed by one house may be amended by the other. 

ENACTING CLAUSE OF BILLS. 

Sec. 14. The enacting clause of all bills shall be “ The People of 
the State of New York, represented in Senate and Assembly, do 
enact as follows,” and no law shall be enacted except by bill. 

ASSENT OF A MAJORITY OF ALL THE MEMBERS REQUIRED, ETC. 

Sec. 15. No bill shall be passed or become a law unless it shall 
have been printed and upon the desks of the members, in its final 
form, at least three calendar legislative days prior to its final pas¬ 
sage, unless the Governor, or the acting Governor, shall have cer¬ 
tified to the necessity of its immediate passage, under his hand and 
the seal of the State; nor shall any bill be passed or become a law, 
except by the assent of a majority of the members elected to each 
branch of the Legislature; and upon the last reading of a bill, no 
amendment thereof shall be allowed, and the question upon its final 
passage shall be taken immediately thereafter, and the yeas and 
nays entered on the journal. 


156 the government of new YORK. 

RESTRICTION AS TO PRIVATE AND LOCAL BILLS. 

Sec. i6. No private or local bills which may be passed by the 
Legislature shall embrace more than one subject, and that shall be 
expressed in the title. 

EXISTING LAW NOT TO BE MADE A PART OF AN ACT EXCEPT BY 
INSERTING IT THEREIN. 

Sec. 17. No act shall be passed which shall provide that any 
existing law, or any part thereof, shall be made or deemed a part 
of said act, or which shall enact that any existing law, or part 
thereof, shall be applicable, except by inserting it in such act. 

PRIVATE AND LOCAL BILLS NOT TO BE PASSED IN CERTAIN CASES. 

Sec. 18. The Legislature shall not pass a private or local bill in 
any of the following cases: 

Changing the names of persons. 

Laying out, opening, altering, working or discontinuing roads, 
highways or alleys, or for draining swamps or other low lands. 

Locating or changing county seats. 

Providing for changes of venue in civil or criminal cases. 

Incorporating villages. 

Providing for election of members of boards of supervisors. 

Selecting, drawing, summoning or impaneling grand or petit 
jurors. 

Regulating the rate of interest on money. 

The opening and conducting of elections or designating places 
of voting. 

Creating, increasing or decreasing fees, percentage or allowances 
of public officers, during the term for which said officers are elected 
or appointed. 

Granting to any corporation, association or individual the right 
to lay down railroad tracks. 

Granting to any private corporation, association or individual 
any exclusive privilege, immunity or franchise whatever. 

Providing for building bridges, and chartering companies for 
such purposes, except on the Hudson river below Waterford, and 
on the East river, or over the waters forming a part of the boun¬ 
daries of the State. 

The Legislature shall pass general laws providing for the cases 
enumerated in this section, and for all other cases which in its 
judgment may be provided for by general laws. But no law shall 
authorize the construction or operation of a street railroad except 


THE CONSTITUTION. 


157 


upon the condition that the consent of the owners of one-half in 
value of the property bounded on, and the consent also of the local 
authorities having the control of that portion of a street or highway 
upon which it is proposed to construct or operate such railroad be 
first obtained, or in case the consent of such property owners can¬ 
not be obtained, the Appellate Division of the Supreme Court, in 
the department in which it is proposed to be constructed, may, upon 
application, appoint three commissioners, who shall determine, after 
a hearing of all parties interested, whether such railroad ought 
to be constructed or operated, and their determination, confirmed 
by the court, may be taken in lieu of the consent of the property 
owners. 

PRIVATE CLAIMS NOT TO BE AUDITED. 

Sec. 19. The Legislature shall neither audit nor allow any private 
claim or account against the State, but may appropriate money to 
pay such claims as shall have been audited and allowed according 
to law. 

TWO-THIRD BILLS. 

Sec. 20. The assent of two-thirds of the members elected to each 
branch of the Legislature shall be requisite to every bill appro¬ 
priating the public moneys or property for local or private purposes, 

use of public moneys. 

Sec, 21. No money shall ever be paid out of the treasury of this 
State or any of its funds, or any of the funds under its management, 
except in pursuance of an appropriation by law; nor unless such 
payment be made within two years next after the passage of such 
appropriation act; and every such law making a new appropria¬ 
tion, or continuing or reviving an appropriation, shall distinctly 
specify the sum appropriated, and the object to which it is to be 
applied; and it shall not be sufficient for such law to refer to any 
other law to fix such sum. 

Sec. 22. No provision or enactment shall be embraced in the an¬ 
nual appropriation or supply bill, unless it relates specifically to 
some particular appropriation in the bill; and any such provision 
or enactment shall be limited in its operation to such appropriation, 

certain sections NOT TO APPLY TO CERTAIN BILLS, 

Sec. 23. Sections seventeen and eighteen of this article shall not 
apply to any bill, or the amendments to any bill, which shall be 


158 


THE GOVERNMENT OF NEW YORK. 


reported to the Legislature by commissioners who have been ap¬ 
pointed pursuant to law to revise the statutes. 

BILL IMPOSING A TAX, MANNER OF PASSING. 

Sec. 24. Every law which imposes, continues or revives a tax 
shall distinctly state the tax and the object to which it is to be ap¬ 
plied, and it shall not be sufficient to refer to any other law to fix 
such tax or object. 

Sec. 25. On the final passage, in either house of the Legislature, 
of any act which imposes, continues or revives a tax, or creates a 
debt or charge, or makes, continues or revives any appropriation 
of public or trust money or property, or releases, discharges or com¬ 
mutes any claim or demand of the State, the question shall be taken 
by yeas and nays, which shall be duly entered upon the journals, 
and three-fifths of all the members elected to either house shall, in 
all such cases, be necessary to constitute a quorum therein. 

BOARD OF SUPERVISORS. 

Sec. 26. There shall be in the several counties, except in cities 
whose boundaries are the same as those of the county, a board of 
supervisors, to be composed of such members, and elected in such 
manner, and for such period, as is or may be provided by law. In 
any such city the duties and powers of a board of supervisors may 
be devolved upon the common council or board of aldermen thereof. 

LOCAL LEGISLATIVE POWERS. 

Sec. 27. The Legislature shall, by general laws, confer upon the 
boards of supervisors of the several counties of the State such fur¬ 
ther powers of local legislation and administration as the Legisla¬ 
ture may from time to time deem expedient. 

NO extra compensation to be granted. 

Sec. 28. The Legislature shall not, nor shall the common council 
of any city, nor any board of supervisors, grant any extra compen¬ 
sation to any public officer, servant, agent or contractor. 

OCCUPATION AND EMPLOYMENT OF CONVICTS. 

Sec. 29. The Legislature shall, by law, provide for the occupa¬ 
tion and employment of prisoners sentenced to the several state 
prisons, penitentiaries, jails and reformatories in the State; and on 
and after the first day of January, in the year one thousand eight 
hundred and ninety-seven, no person in any such prison, peniten- 


THE CONSTITUTION. 


159 

tiary, jail or reformatory, shall be required or allowed to work, 
while under sentence thereto, at any trade, industry or occupation, 
wherein or whereby his work, or the product or profit of his work, 
shall be farmed out, contracted, given or sold to any person, firm, 
association or corporation. This section shall not be construed to 
prevent the Legislature from providing that convicts may work 
for, and that the products of their labor may be disposed of to, the 
State or any political division thereof, or for or to any public insti¬ 
tution owned or managed and controlled by the State, or any politi¬ 
cal division thereof. 

ARTICLE IV. 

EXECUTIVE POWER, HOW VESTED. 

Section i. The executive power shall be vested in a Governor, 
who shall hold his office for two years; a Lieutenant-Governor shall 
be chosen at the same time, and for the same term. The Governor 
and Lieutenant-Governor elected next preceding the time when this 
section shall take effect, shall ’hold office until and including the 
thirty-first day of December, one thousand eight hundred and 
ninety-six, and their successors shall be chosen at the general elec¬ 
tion in that year. 


QUALIFICATIONS OF GOVERNOR. 

Sec. 2. No person shall be eligible to the office of Governor or 
Lieutenant-Governor, except a citizen of the United States, of the 
age of not less than thirty years, and who shall have been five years 
next preceding his election a resident of this State. 

ELECTION OF GOVERNOR AND LIEUTENANT-GOVERNOR. 

Sec. 3. The Governor and Lieutenant-Governor shall be elected 
at the times and places of choosing members of the Assembly. The 
persons respectively having the highest number of votes for Gov¬ 
ernor and Lieutenant-Governor shall be elected; but in case two or 
more shall have an equal and the highest number of votes for Gov¬ 
ernor, or for Lieutenant-Governor, the two houses of the Legisla¬ 
ture at its next annual session shall forthwith, by joint ballot, choose 
one of the said persons so having an equal and the highest number 
of votes for Governor or Lieutenant-Governor. 

DUTIES AND POWERS OF THE GOVERNOR.—HIS COMPENSATION. 

Sec. 4. The Governor shall be Commander-in-Chief of the military 
and naval forces of the State.' He shall have power to convene the 


i6o the government OF NEW YORK. 

Legislature, or the Senate only, on extraordinary occasions. At 
extraordinary sessions no subject shall be acted upon except such as 
the Governor may recommend for consideration. He shall com¬ 
municate by message to the Legislature at every session the condi¬ 
tion of the State, and recommend such matters to them as he shall 
judge expedient. He shall transact all necessary business with the 
officers of government, civil and military. He shall expedite all 
such measures as may be resolved upon by the Legislature, and shall 
take care that the laws are faithfully executed. He shall receive for 
his services an annual salary of ten thousand dollars, and there shall 
be provided for his use a suitable and furnished executive residence. 

PARDONING POWERS VESTED IN THE GOVERNOR. 

Sec. 5. The Governor shall have the power to grant reprieves, 
commutations and pardons after conviction, for all offenses except 
treason and cases of impeachment, upon such conditions and with 
such restrictions and limitations as he may think proper, subject 
to such regulations as may be provided by law relative to the man¬ 
ner of applying for pardons. Upon conviction for treason, he shall 
have power to suspend the execution of the sentence, until the case 
shall be reported to the Legislature at its next meeting, when the 
Legislature shall either pardon, or commute the sentence, direct the 
execution of the sentence, or grant a further reprieve. He shall 
annually communicate to the Legislature each case of reprieve, com¬ 
mutation or pardon granted, stating the name of the convict, the 
crime of which he was convicted, the sentence and its date, and the 
date of the commutation, pardon or reprieve. 

POWERS OF GOVERNOR TO DEVOLVE ON LIEUTENANT-GOVERNOR. 

Sec. 6. In case of the impeachment of the Governor, or his re¬ 
moval from office, death, inability to discharge the powers and duties 
of the said office, resignation, or absence from the State, the powers 
and duties of the office shall devolve upon the Lieutenant-Governor 
for the residue of the term, or until the disability shall cease. But 
when the Governor shall, with the consent of the Legislature, be 
out of the State, in time of war, at the head of a military force 
thereof, he shall continue Commander-in-Chief of all the military 
force of the State. 

QUALIFICATIONS OF LIEUTENANT-GOVERNOR. 

Sec. 7. The Lieutenant-Governor shall possess the same qualifi¬ 
cations of eligibility for office as the Governor. He shall be presi- 


THE CONSTITUTION. 


i 6 i 


(lent of the Senate, but shall have only a casting vote therein. If 
during a vacancy of the office of Governor, the Lieutenant-Governor 
shall be impeached, displaced, resign, die, or become incapable of 
performing the duties of his office, or be absent from the State, the 
President of the Senate shall act as Governor until the vacancy be 
filled or the disability shall cease; and if the President of the Sen¬ 
ate for any of the above causes shall become incapable of perform¬ 
ing the duties pertaining to the office of Governor, the Speaker of 
the Assembly shall act as Governor until the vacancy be filled or 
the disability shall cease. 

COMPENSATION OF LIEUTENANT-GOVERNOR. 

Sec. 8. The Lieutenant-Governor shall receive for his services an 
annual salary of five thousand dollars, and shall not receive or be 
entitled to any other compensation, fee or perquisite, for any duty 
or service he may be required to perform by the Constitution or by 
law. 


BILLS TO BE PRESENTED TO THE GOVERNOR FOR SIGNATURE. 

Sec. 9. Every bill which shall have passed the Senate and Assem¬ 
bly shall, before it becomes a law, be presented to the Governor; if 
he approve, he shall sign it; but if not, he shall return it with his 
objections to the house in which it shall have originated, which shall 
enter the objections at large on the journal, and proceed to recon¬ 
sider it. If after such reconsideration, two-thirds of the members 
elected to that house shall agree to pass the bill, it shall be sent, 
together with the objections, to the other house by which it shall 
likewise be reconsidered; and if approved by two-thirds of the 
members elected to that house, it shall become a law notwithstand¬ 
ing the objections of the Governor. In all such cases, the votes in 
both houses shall be determined by yeas and nays, and the names of 
the members voting shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the Governor 
within ten days (Sundays excepted) after it shall have been pre¬ 
sented to him, the same shall be a law in like manner as if he had 
signed it, unless the Legislature shall, by their adjournment, prevent 
its return, in which case it shall not become a law without the ap¬ 
proval of the Governor. No bill shall become a law after the final 
adjournment of the Legislature, unless approved by the Governor 
within thirty days after such adjournment. If any bill presented 
to the Governor contain several items of appropriation of money, 
he may object to one or more of such items while approving of the 


i 62 


THE GOVERNMENT OF NEW YORK. 


other portion of the bill. In such case, he shall append to the bill, 
at the time of signing it, a statement of the items to which he ob¬ 
jects; and the appropriation so objected to shall not take effect. If 
the Legislature be in session, he shall transmit to the house in which 
the bill originated a copy of such statement, and the items objected 
to shall be separately considered. If on reconsideration one or 
more of such items be approved by two-thirds of the members 
elected to each house, the same shall be part of the law, notwith¬ 
standing the objections of the Governor. All the provisions of this 
section, in relation to bills not approved by the Governor, shall apply 
in cases in which he shall withhold his approval from any item or 
items contained in a bill appropriating money. 

ARTICLE V. 

STATE OFFICERS. 

Section i. The Secretary of State, Comptroller, Treasurer, At¬ 
torney-General and State Engineer and Surveyor shall be chosen 
at a general election at the times and places of electing the Governor 
and Lieutenant-Governor, and shall hold their offices for two years, 
except as provided in section two of this article. Each of the officers 
in this article named, excepting the Speaker of the Assembly, shall, 
at stated times during his continuance in office, receive for his serv¬ 
ices a compensation which shall not be increased or diminished 
during the term for which he shall have been elected; nor shall he 
receive to his use any fee or perquisites of office or other compensa¬ 
tion. No person shall be elected to the office of State Engineer and 
Surveyor who is not a practical civil engineer. 

Sec. 2. The first election of the Secretary of State, Comptroller, 
Treasurer, Attorney-General and State Engineer and Surveyor, pur¬ 
suant to this article shall be held in the year one thousand eight 
hundred and ninety-five, and their terms of office shall begin on the 
first day of January following, and shall be for three years. At the 
general election in the year one thousand eight hundred and ninety- 
eight, and every two years thereafter, their successors shall be chosen 
for the term of two years. 

SUPERINTENDENT OF PUBLIC WORKS. 

Sec. 3. A Superintendent of Public Works shall be appointed by 
the Governor, by and with the advice and consent of the Senate, 
and hold his office until the end of the term of the Governor by 


TTTE CONSTITUTION. 


163 

whom he was nominated, and until his successor is appointed and 
qualitied. He shall receive a compensation to be fixed by law. He 
shall he required by law to give security for the faithful execution 
of his office before entering upon the duties thereof. He shall be 
charged with the execution of all laws relating to the repair and 
navigation of the canals, and also of those relating to the construc¬ 
tion and improvement of the canals, except so far as the execution 
of the laws relating to such construction or improvement shall be 
confided to the State Engineer and Surveyor; subject to the con¬ 
trol of the Legislature, he shall make the rules and regulations for 
the navigation or use of the canals. He may be suspended or re¬ 
moved from office by the Governor, whenever, in his judgment, the 
public interest shall so require; but in case of the removal of such 
Superintendent of Public Works from office, the Governor shall 
file with the Secretary of State a statement of the cause of such 
removal, and shall report such removal and the cause thereof to 
the Legislature at its next session. The Superintendent of Public 
Works shall appoint not more than three assistant superintendents, 
whose duties shall be prescribed by him, subject to modification by 
the Legislature, and who shall receive for their services a compensa¬ 
tion to be fixed by law. They shall hold their office for three years, 
subject to suspension or removal by the Superintendent of Public 
Works, whenever, in his judgment, the public interest shall so re¬ 
quire. Any vacancy in the office of any such assistant superintend¬ 
ents shall be filled for the remainder of the term for which he was 
appointed, by the Superintendent of Public Works; but in case of 
the suspension or removal of any such assistant superintendent by 
him, he shall at once report to the Governor, in writing, the cause 
of such removal. All other persons employed in the care and man¬ 
agement of the canals, except collectors of tolls, and those in the 
department of the State Engineer and Surveyor, shall be appointed 
by the Superintendent of Public Works, and be subject to suspen¬ 
sion or removal by him. The Superintendent of Public Works shall 
perform all the duties of the Canal Commissioners, and Board of 
Canal Commissioners, as now declared by law, until otherwise pro¬ 
vided by the Legislature. The Governor, by and with the advice and 
consent of the Senate, shall have power to fill vacancies in the office 
of Superintendent of Public Works; if the Senate be not in ses¬ 
sion, he may grant commissions which shall expire at the end of 
the next succeeding session of the Senate. 


164 


THE GOVERNMENT OF NEW YORK. 


SUPERINTENDENT OF PRISONS. 

Sec. 4. A Superintendent of State Prisons shall be appointed by 
the Governor, by and with the advice and consent of the Senate, and 
hold his office for five years, unless sooner removed; he shall give 
security in such amount, and with such sureties as shall be required 
by law for the faithful discharge of his duties; he shall have the 
superintendence, management and control of State prisons, subject 
to such laws as now exist or may hereafter be enacted; he shall ap¬ 
point the agents, wardens, physicians and chaplains of the prisons. 
The agent and warden of each prison shall appoint all other officers 
of such prison, except the clerk, subject to the approval of the same 
by the Superintendent. The Comptroller shall appoint the clerks of 
the prisons. The Superintendent shall have all the powers and per¬ 
form all the duties not inconsistent herewith, which were formerly 
had and performed by the Inspectors of State Prisons. The Gov¬ 
ernor may remove the Superintendent for cause at any time, giv¬ 
ing to him a copy of the charges against him, and an opportunity to 
be heard in his defense. 

commissioners of the land office—OF the canal fund— 

CANAL BOARD. 

Sec. 5. The Lieutenant-Governor, Speaker of the Assembly, Secre¬ 
tary of State, Comptroller, Treasurer, Attorney-General and State 
Engineer and Surveyor shall be the Commissioners of the Land 
Office. The Lieutenant-Governor, Secretary of State, Comptroller, 
Treasurer and Attorney-General shall be the Commissioners of the 
Canal Fund. The Canal Board shall consist of the Commissioners 
of the Canal Fund, the State Engineer and Surveyor, and the Su¬ 
perintendent of Public Works. 

POWERS AND DUTIES OF BOARDS. 

Sec. 6. The powers and duties of the respective boards, and of 
the several officers in this article mentioned, shall be such as now 
are or hereafter may be prescribed by law. 

TREASURER MAY BE SUSPENDED BY THE GOVERNOR. 

Sec. 7. The Treasurer may be suspended from office by the Gov¬ 
ernor, during the recess of the Legislature, and until thirty days 
after the commencement of the next session of the Legislature, 
whenever it shall appear to him that such Treasurer has, in any 
particular, violated his duty. The Governor shall appoint a com- 


THE CONSTITUTION. 


petent person to discliarge the duties of the office during such sus¬ 
pension of the Treasurer. 

OFFICES ABOLISHED. 

Sec. 8 . All offices for the weighing, gauging, measuring, culling 
or inspecting any merchandise, produce, manufacture or commodity 
whatever, are hereby abolished; and no such office shall hereafter he 
created by law; but nothing in this section contained shall abrogate 
any office created for the purpose of protecting the public health or 
the interests of the State in its property, revenue, tolls or purchases, 
or of supplying the people with correct standards of weights and 
measures, or shall prevent the creation of any office for such pur¬ 
poses hereafter. 

CIVIL SERVICE LAW. 

Sec. 9. Appointments and promotions in the civil service of the 
State, and of all the civil divisions thereof, including cities and vil¬ 
lages, shall be made according to merit and fitness, to be ascertained, 
so far as practicable, by examinations, which, so far as practicable, 
shall be competitive; provided, however, that honorably discharged 
soldiers and sailors from the army and navy of the United States in 
the late civil war, who are citizens and residents of this State, shall 
be entitled to preference in appointment and promotion, without re¬ 
gard to their standing on any list from which such appointment or 
promotion may be made. Laws .shall he made to provide for the 
enforcement of this section. 

ARTICLE VI. 

SUPREME COURT, OF WHAT IT SHALL CONSIST, ETC. 

Section i. The Supreme Court is continued with general juris¬ 
diction in law and equity, subject to such appellate jurisdiction of 
the Court of Appeals as now is or may be prescribed by law not in¬ 
consistent with this article. The existing judicial districts of the 
State are continued until changed as hereinafter provided. The Su¬ 
preme Court shall consist of the justices now in office, and of the 
judges transferred thereto by the fifth section of this article, all of 
whom shall continue to be justices of the Supreme Court during 
their respective terms, and of twelve additional justices who shall 
reside in and be chosen by the electors of, the several existing judi¬ 
cial districts, three in the first district, three in the second, and one 
in each of the other districts; and of their successors. The succes¬ 
sors of said justices shall be chosen by the electors of their respec- 


t66 


THE GOVERNMENT OE NEW YORK. 


tive judicial districts. The Legislature may alter the judicial dis¬ 
tricts once after every enumeration under the Constitution, of the 
inhabitants of the State, and thereupon reapportion the justices to 
he thereafter elected in the districts so altered. 

DIVISION OF JUDICIAL DEPARTMENTS. 

Sec. 2 . The Legislature shall divide the State into four judicial 
departments. The first department shall consist of the county of 
New York; the others shall be bounded by county lines, and be com¬ 
pact and equal in population as nearly as may be. Once every ten 
years the Legislature may alter the judicial departments, but with¬ 
out increasing the number thereof. 

There shall be an Appellate Division of the Supreme Court, con¬ 
sisting of seven justices in the first department, and of five justices 
in each of the other departments. In each department four shall 
constitute a quorum, and the concurrence of three shall be necessary 
to a decision. No more than five justices shall sit in any case. 

From all the justices elected to the Supreme Court the Governor 
shall designate those who shall constitute the Appellate Division in 
each department; and he shall designate the presiding justice there¬ 
of, who shall act as such during his term of office, and shall be a 
resident of the department. The other justices shall be designated 
for terms of five years, or the unexpired portions of their respective 
terms of office, if less than five years. From time to time as the terms 
of such designations expire, or vacancies occur, he shall make new 
designations. He may also make temporary designations in case of 
the absence or inability to act, of any justice in the Appellate Divi¬ 
sion. A majority of the justices designated to sit in the Appellate 
Division in each department shall be residents of the department. 
Whenever the Appellate Division in any department shall be unable 
to dispose of its business within a reasonable time, a majority of the 
presiding justices of the several departments at a meeting called by 
the presiding justice of the department in arrears may transfer any 
pending appeals from such department to any other department for 
hearing and determination. No justice of the Appellate Division 
shall exercise any of the powers of a justice of the Supreme Court, 
other than those of a justice out of court, and those pertaining to 
the Appellate Division or to the hearing and decision of motions 
submitted by consent of counsel. From and after the last day of 
December, one thousand eight hundred and ninety-five, the Appellate 
Division shall have the jurisdiction now exercised by the Supreme 
Court at its General Terms, and by the General Terms of the Court 


THI-: coNS'm'U'noN. 


167 

of Common Pleas for the City and County of New York, the Su¬ 
perior Court of the City of New York, the Superior Court of Buffalo 
and the City Court of Brooklyn, and such additional jurisdiction as 
may be conferred by the Legislature. It shall have power to appoint 
and remove a reporter. 

The justices of the Appellate Division in each department shall 
have power to fix the times and places for holding Special and Trial 
Terms therein, and to assign the justices in the departments to hold 
such terms; or to make rules therefor. 

JUDGES NOT TO SIT IN REVIEW IN CERTAIN CASES. 

Sec. 3. No judge or justice shall sit in the Appellate Division or 
in the Court of Appeals in review of a decision made by him or by 
any court of which he was at the time a sitting member. The tes¬ 
timony in equity cases shall be taken in like manner as in cases at 
law; and, except as herein otherwise provided, the Legislature shall 
have the same power to alter and regulate the jurisdiction and pro¬ 
ceedings in law and in equity that it has heretofore exercised. 

TERMS OF OFFICE. 

Sec. 4. The official terms of the justices of the Supreme Court 
shall be fourteen years from and including the first day of January 
next after their election. When a vacancy shall occur otherwise 
than by expiration of term in the office of justice of the Supreme 
Court the same shall be filled for a full term, at the next general 
election, happening not less than three months after such vacancy 
occurs; and, until the vacancy shall be so filled, the Governor by 
and with the advice and consent of the Senate, if the Senate shall 
be in session, or if not in session, the Governor may fill such vacancy 
by appointment, which shall continue until and including the last 
day of December next after the election at which the vacancy shall 
be filled. 

ABOLITION OF CITY COURTS. 

Sec. 5. The Superior Court of the City of New York, the Court 
of Common Pleas for the City and County of New York, the Su¬ 
perior Court of Buffalo, and the City Court of Brooklyn, are abol¬ 
ished from and after the first day of January, one thousand eight 
hundred and ninety-six, and thereupon the seals, records, papers and 
documents of or belonging to such courts, shall be deposited in the 
offices of the clerks of the several counties in which said courts now 
exist; and all actions and proceedings then pending in such courts 


THE GOVERNMENT OF NEW YORK. 


168 

shall be transferred to the Supreme Court for hearing and deter¬ 
mination. The judges of said courts in office on the first day of 
January, one thousand eight hundred and ninety-six, shall, for the 
remainder of the terms for which they were elected or appointed, be 
justices of the Supreme Court; but they shall sit only in the coun¬ 
ties in which they were elected or appointed. Their salaries shall 
be paid by the said counties respectively, and shall be the same as 
the salaries of the other justices of the Supreme Court residing in the 
same counties. Their successors shall be elected as justices of the 
Supreme Court by the electors of the judicial districts in which they 
respectively reside. 

The jurisdiction now exercised by the several courts hereby abol¬ 
ished, shall be vested in the Supreme Court. Appeals from inferior 
and local courts now heard in the Court of Common Pleas for the 
City and County of New York and the Superior Court of Buffalo, 
shall be heard in the Supreme Court in such manner and by such 
justice or justices as the Appellate Divisions in the respective de¬ 
partments, which include New York and Buffalo, shall direct, unless 
otherwise provided by the Legislature. 

ABOLITION OF CIRCUIT COURTS AND COURTS OF OYER AND TERMINER. 

Sec. 6 . Circuit Courts and Courts of Oyer and Terminer are 
abolished from and after the last day of December, one thousand 
eight hundred and ninety-five. All their jurisdiction shall thereupon 
be vested in the Supreme Court, and all actions and proceedings 
then pending in such courts shall be transferred to the Supreme 
Court for hearing and determination. Any justice of the Supreme 
Court, except as otherwise provided in this article, may hold court 
in any county. 


COURT OF APPEALS. 

Sec. 7. The Court of Appeals is continued. It shall consist of the 
chief judge and associate judges now in office, who shall hold their 
offices until the expiration of their respective terms, and their suc¬ 
cessors, who shall be chosen by the electors of the State. The offi¬ 
cial terms of the chief judge and associate judges shall be fourteen 
years from and including the first day of January next after their 
election. Five members of the court .shall form a quorum, and the 
concurrence of four shall be necessary to a decision. The court 
shall have power to appoint and to remove its reporter, clerk and 
attendants. 


THE CONSTITUTION. 


169 


VACANCIES ; HOW FILLED. 

Sec. 8. When n, vacancy shall occur otherwise than by expiration 
of term, in the office of chief or associate judge of the Court of Ap¬ 
peals, the same shall be filled, for a full term, at the next general 
election happening not less than three months after such vacancy 
occurs; and until the vacancy shall be so filled, the Governor, by 
and with the advice and consent of the Senate, if the Senate shall 
be in session, or if not in session the Governor may fill such vacancy 
by appointment. If any such appointment of chief judge shall be 
made from among the associate judges, a temporary appointment of 
associate judge shall be made in like manner; but in such case, the 
person appointed chief judge shall not be deemed to v'acate his office 
of associate judge any longer than until the expiration of his ap¬ 
pointment as chief judge. The powers and jurisdiction of the court 
shall not be suspended for want of appointment or election, when 
the number of judges is sufficient to constitute a quorum. All ap¬ 
pointments under this section shall continue until and including the 
last day of December next after the election at which the vacancy 
shall be filled. 


JURISDICTION OF COURT OF APPEALS. 

Sec. 9. After the last day of December, one thousand eight hun¬ 
dred and ninety-five, the jurisdiction of the Court of Appeals, ex¬ 
cept where the judgment is of death, shall be limited to the review 
of questions of law. No unanimous decision of the Appellate Divi¬ 
sion of the Supreme Court that there is evidence supporting or tend¬ 
ing to sustain a finding of fact or a verdict not directed by the court, 
shall be reviewed by the Court of Appeals. Except where the judg¬ 
ment is of death, appeals may be taken, as of right, to said court 
only from judgments or orders entered upon decisions of the Ap¬ 
pellate Division of the Supreme Court, finally determining actions 
or special proceedings, and from orders granting new trials on ex¬ 
ceptions, where the appellants stipulate that upon affirmance judg¬ 
ment absolute shall be rendered against them. The Appellate Divi¬ 
sion in any department may, however, allow an appeal upon any 
question of law which, in its opinion, ought to be reviewed by the 
Court of Appeals. 

The Legislature may further restrict the jurisdiction of the Court 
of Appeals and the right of appeal thereto, but the right to appeal 
shall not depend upon the amount involved. 

The provisions of this section shall not apply to orders made or 
judgments rendered by any General Term before the last day of 


170 


'FHE GOVERNMENT OF NEW YORK. 


December, one tliousancl eight hundred and ninety-five, but appeals 
therefrom may be taken under existing provisions of law. 

JUDGES OF COURT OF APPEALS, OR JUSTICES OF SUPREME COURT^ TO 
HOLD NO OTHER OFFICE. 

Sec. 10. The judges of the Court of Appeals and the justices of 
the Supreme Court shall not hold any other office or public trust. 
All votes for any of them, for any other than a judicial office, given 
by the Legislature or the people, shall be void. 

REMOVALS—PROCEEDINGS IN RELATION THERETO. 

Sec. II. Judges of the Court of Appeals and justices of the Su¬ 
preme Court, may be removed by concurrent resolution of both 
houses of the Legislature, if two-thirds of all the members elected 
to each house concur therein. All other judicial officers, except jus¬ 
tices of the peace and judges or justices of inferior courts not of 
record,‘may be removed by the Senate, on the recommendation of 
the Governor, if two-thirds of all the members elected to the Sen¬ 
ate concur therein. But no officer shall be removed by virtue of this 
section except for cause, which shall be entered on the journals, nor 
unless he shall have been served with a statement of the cause 
alleged, and shall have had an opportunity to be heard. On the 
question of removal, the yeas and nays shall be entered on the 
journal. 

COMPENSATION OF JUDGES AND JUSTICES. 

Sec. 12. The judges and justices hereinbefore mentioned shall re¬ 
ceive for their services a compensation established by law, which 
shall not be increased or diminished during their official terms, except 
as provided in section five of this article. No person shall hold the 
office of judge or justice of any court longer than until and includ¬ 
ing the last day of December next after he shall be seventy years of 
age. No judge or justice elected after the first day of January, one 
thousand eight hundred and ninety-four, shall be entitled to receive 
any compensation after the last day of December next after he 
shall be seventy years of age; but the compensation of every judge 
of the Court of Appeals or justice of the Supreme Court elected 
prior to the first day of January, one thousand eight hundred and 
ninety-four, whose term of office has been, or whose present term 
of office shall be, so abridged, and who shall have served as such 
judge or justice ten years or more, shall be continued during the re¬ 
mainder of the term for which he was elected; but any such judge 


THE CONSTITUTION. 


171 

or justice may, with his consent, be assigned by the Governor, from 
time to time, to any duty in the Supreme Court while his compen¬ 
sation is so continued. 

IMPEACHMENTS. 

Sec. 13. The Assembly shall have the power of impeachment, by 
a vote of a majority of all the members elected. The Court for the 
Trial of Impeachments shall be composed of the President of the 
Senate, the senators, or the major part of them, and the judges of 
the Court of Appeals, or the major part of them. On the trial of an 
impeachment against the Governor or Lieutenant-Governor, the 
Lieutenant-Governor shall not act as a member of the court. No 
judicial officer shall exercise his office, after articles of impeach¬ 
ment against him shall have been preferred to the Senate, until he 
shall have been acquitted. Before the trial of an impeachment the 
members of the court shall take an oath or affirmation truly and im¬ 
partially to try the impeachment according to the evidence, and no 
person shall be convicted without the concurrence of two-thirds of 
the members present. Judgment in cases of impeachment shall not 
extend further than to removal from office, or removal from office 
and disqualification to hold and enjoy any office of honor, trust or 
profit under this State; but the party impeached shall be liable to 
indictment and punishment according to law. 

COUNTY COURTS. 

Sec. 14. The existing County Courts are continued, and the judges 
thereof now in office shall hold their offices until the expiration of 
their respective terms. In the county of Kings there shall be two 
county judges and the additional county judge shall be chosen at 
the next general election held after the adoption of this article. The 
successors of the several county judges shall be chosen by the elec¬ 
tors of the counties for the term of six years. County Courts shall 
have the powers and jurisdiction they now possess, and also original 
jurisdiction in actions for the recovery of money only, where the 
defendants reside in the county, and in which the complaint de¬ 
mands judgment for a sum not exceeding two thousand dollars. 
The Legislature may hereafter enlarge or restrict the jurisdiction 
of the County Courts, provided, however, that their jurisdiction 
shall not be so extended as to authorize an action therein for the 
recovery of money only, in which the sum demanded exceeds two 
thousand dollars, or in which any person not a resident of the 
county is a defendant. 


172 


THE GOVERNMENT OF NEW YORK. 


Courts of Sessions, except in the county of New York, are abol¬ 
ished from and after the last day of December, one thousand eight 
hundred and ninety-five. All the jurisdiction of the Court of Ses¬ 
sions in each county, except the county of New York, shall there¬ 
upon be* vested in the County Court thereof, and all actions and 
proceedings then pending in such Courts of Sessions shall be trans¬ 
ferred to said County Courts for hearing and determination. Every 
county judge shall perform such duties as may be required by law. 
His salary shall be established by law, payable out of the county 
treasury. A county judge of any county may hold County Courts 
in any other county when requested by the judges of such other 
county. 

surrogates’ courts. 

Sec. 15. The existing Surrogates’ Courts are continued, and the 
surrogates now in office shall hold their offices until the expiration 
of their terms. Their successors shall be chosen by the electors of 
their respective counties, and their terms of office shall be six years, 
except in the county of New York, where they shall continue to be 
fourteen years. Surrogates and Surrogates’ Courts shall have the 
jurisdiction and powers which the surrogates and existing Surrro- 
gates’ Courts now possess, until otherwise provided by the Leg¬ 
islature. The county judge shall be surrogate of his county, except 
where a separate surrogate has been or shall be elected. In coun¬ 
ties having a population exceeding forty thousand, wherein there is 
no separate surrogate, the Legislature may provide for the election 
of a separate officer to be surrogate, whose term of office shall be 
six years. When the surrogate shall be elected as a separate officer 
his salary shall be established by law, payable out of the county 
treasury. No county judge or surrogate shall hold office longer than 
until and including the last day of December next after he shall be 
seventy years of age. Vacancies occurring in the office of county 
judge or surrogate shall be filled in the same manner as like vacan¬ 
cies occurring in the Supreme Court. The compensation of any 
county judge or surrogate shall not be increased or diminished dur¬ 
ing his term of office. For the relief of Surrogates’ Courts the Leg¬ 
islature may confer upon the Supreme Court in any county having a 
population exceeding four hundred thousand the powers and juris¬ 
diction of surrogates, with authority to try issues of fact by jury in 
probate cases. 


THE CONSTITUTION. 


173 


LOCAL JUDICIAL OFFICERS. 

Sec. 16. The Legislature may, on application of the board of su¬ 
pervisors, provide for the election of local officers, not to exceed 
two in any county, to discharge the duties of county judge and of 
surrogate, in cases of their inability or of a vacancy, and in such 
other cases as may be provided by law, and to exercise such other 
powers in special cases at are or may be provided by law. 

JUSTICES OF THE PEACE. 

Sec. 17. The electors of the several towns shall, at their annual 
town, meetings, or at such other time and in such manner as the Leg¬ 
islature may direct, elect justices of the peace, whose term of office 
shall be four years. In case of an election to fill a vacancy occurring 
before the expiration of a full term, they shall hold for the residue 
of the unexpired term. Their number and classification may be reg¬ 
ulated by law. Justices of the peace and judges or justices of in¬ 
ferior courts not of record, and their clerks, may be removed for 
cause, after due notice and an opportunity of being heard, by such 
courts as are or may be prescribed by law. Justices of the peace 
and District Court justices may be elected in the different cities of 
this State in such manner, and with such powers, and for such terms, 
respectively, as are or shall be prescribed by law; all other judicial 
officers in cities, whose election or appointment is not otherwise pro¬ 
vided for in this article, shall be chosen by the electors of such 
cities, or appointed by some local authorities thereof. 

INFERIOR LOCAL COURTS. 

Sec. 18. Inferior local courts of civil and criminal jurisdiction 
may be established by the Legislature, but no inferior local court 
hereafter created shall be a court of record. The Legislature shall 
not hereafter confer upon any inferior or local court of its creation, 
any equity jurisdiction or any greater jurisdiction in other respects 
than is conferred upon County Courts by or under this article. 
Except as herein otherwise provided, all judicial officers shall be 
elected or appointed at such times and in such manner as the Legis¬ 
lature may direct. 

CLERKS OF SUPREME COURT AND COURT OF APPEALS. 

Sec. 19. Clerks of the several counties shall be clerks of the Su¬ 
preme Court, with such powers and duties as shall be prescribed by v 
law. The justices of the Appellate Division in each department shall 
have power to appoint and to remove a clerk who shall keep his 


THE GOVERNMENT OF NEW YORK. 


174 

oflfice at a place to be designated by said justices. The clerk of the 
Court of Appeals shall keep his office at the seat of government. 
The clerk of the Court of Appeals and the clerks of the Appellate 
Division shall receive compensation to be established by law and 
paid out of the public treasury. 

NO JUDICIAL OFFICER, EXCEPT JUSTICE OF THE PEACE, TO RECEIVE FEES. 

Sec. 20. No judicial officer, except justices of the peace, shall re¬ 
ceive to his own use any fees or perquisites of office; nor shall any 
judge of the Court of Appeals, or justice of the Supreme Court, or 
any county judge or surrogate hereafter elected in a county having 
a population exceeding one hundred and twenty thousand, practise 
as an attorney or counselor in any court of record in this State, or 
act as referee. The Legislature may impose a similar prohibition 
upon county judges and surrogates in other counties. No one shall 
be eligible to the office of judge of the Court of Appeals, justice of 
the Supreme Court, or, except in the county of Hamilton, to the 
office of county judge or surrogate, who is not an attorney and 
counselor of this State. 

PUBLICATION OF STATUTES TO BE PROVIDED FOR. 

Sec. 21. The Legislature shall provide for the speedy publication 
of all statutes, and shall regulate the reporting of the decisions of 
the courts; but all laws and judicial decisions shall be'free for pub¬ 
lication by any person. 

LOCAL JUDICIAL OFFICERS—TERMS OF INCUMBENTS. 

Sec. 22. Justices of the peace and other local judicial officers pro¬ 
vided for in sections seventeen and eighteen in office when this 
article takes effect, shall hold their offices until the expiration of 
their respective terms. 

COURTS OF SPECIAL SESSIONS. 

Sec. 23. Courts of Special Sessions shall have such jurisdiction of 
offenses of the grade of misdemeanors as may be prescribed by law. 

ARTICLE VII. 

STATE CREDIT NOT TO BE LOANED. 

Section i. The credit of the State shall not in any manner be 
given or loaned to or in aid of any individual, association or cor¬ 
poration. 


/ 


THE CONSTITUTION. 


17.5 


POWER TO CONTRACT DEBTS. 

Sec. 2. The State may, to meet casual deficits or failures in reve¬ 
nues, or for expenses not provided for, contract debts; but such 
debts, direct or contingent, singly or in the aggregate, shall not at 
any time exceed one million of dollars; and the moneys arising from 
the loans creating such debts shall be applied to the purpose for 
which they were obtained, or to repay the debt so contracted, and to 
no other purpose whatever. 

Sec. 3. In addition to the above limited power to contract debts, 
the State may contract debts to repel invasion, suppress insurrection, 
or defend the State in war; but the money arising from the con¬ 
tracting of such debts shall be applied to the purpose for which it 
was raised, or to repay such debts, and to no other purpose what¬ 
ever. 

LIMITATION OF LEGISLATIVE POWER IN THE CREATION OF DEBTS. 

Sec. 4. Except the debts specified in sections two and three of this 
article, no debts shall be hereafter contracted by or on behalf of this 
State, unless such debt shall be authorized by law, for some single 
work or object, to be distinctly specified therein; and such law shall 
impose and provide for the collection of a direct annual tax to pay, 
and sufficient to pay, the interest on such debt as it falls due, and 
also to pay and discharge the principal of such debt within eighteen 
years from the time of the contracting thereof. No such law shall 
take effect until it shall, at a general election, have been submitted 
to the people, and have received a majority of all the votes cast for 
and against it at such election. On the final passage of such bill in 
either house of the Legislature, the question shall be taken by ayes 
and noes, to be duly entered on the journals thereof, and shall be: 
“ Shall this bill pass, and ought the same to receive the sanction of 
the people ? ” 

The Legislature may at any time, after the approval of such law 
by the people, if no debt shall have been contracted in pursuance 
thereof, repeal the same; and may at any time, by law, forbid the 
contracting of any further debt or liability under such law; but 
the tax imposed by such act, in proportion to the debt and liability 
which may have been contracted, in pursuance of such law, shall 
remain in force and be irrepealable, and be annually collected, until 
the proceeds thereof shall have made the provision hereinbefore 
specified to pay and discharge the interest and principal of such debt 
and liability. The money arising from any loan or stock creating 


THE GOVERNMENT OF NEW YORK. 


1.76 

such debt or liability shall be applied to the work or object specified 
in the act authorizing such debt or liability, or for the repayment of 
such debt or liability, and for no other purpose whatever. No such 
law shall be submitted to be voted on, within three months after its 
passage, or at any general election when any other law, or any bill, 
or any amendment to the Constitution, shall be submitted to be 
voted for or against. 

Sec. 5. The sinking funds provided for the payment of interest 
and the extinguishment of the principal of the debts of the State 
shall be separately kept and safely invested, and neither of them 
shall be appropriated or used in any manner other than for the 
specific purpose for which it shall have been provided. 

CLAIMS. 

Sec. 6. Neither the Legislature, Canal Board, nor any person or 
persons acting in behalf of the State, shall audit, allow, or pay any 
claim which, as between citizens of the State, would be barred 
by lapse of time. This provision shall not be construed to repeal 
any statute fixing the time within which claims shall be presented 
or allowed, nor shall it extend to any claims duly presented within 
the time allowed by law, and prosecuted with due diligence from the 
time of such presentment. But if the claimant shall be under legal 
disability, the claim may be presented within two years after such 
disability is removed. 

FOREST PRESERVE. 

Sec. 7. The lands of the State, now owned or hereafter acquired, 
constituting the forest preserve as now fixed by law, shall be for¬ 
ever kept as wild forest lands. They shall not be leased, sold or 
exchanged, or be taken by any corporation, public or private, nor 
shall the timber thereon be sold, removed or destroyed. 

Sec. 8. The Legislature shall not sell, lease or otherwise dispose 
of the Erie canal, the Oswego canal, the Champlain canal, the Ca¬ 
yuga and Seneca canal, or the Black River canal; but they shall re¬ 
main the property of the State and under its management forever. 

The prohibition of lease, sale or other disposition herein contained, 
shall not apply to the canal known as the IMain and Hamburg street 
canal, situated in the city of Buffalo, and which extends easterly 
from the westerly line of Main street to the westerly line of Ham¬ 
burg street. All funds that may be derived from any lease, sale o-r 

other disposition of any canal shall be applied to the improvement, 

superintendence or repair of the remaining portion of the canals. 


THE CONSTITUTION. 


177 


MAINTENANCE OF CANALS, 

Sec. 9. No tolls shall hereafter be imposed on persons or prop¬ 
erty transported on the canals, but all boats navigating the canals, 
and the owners and masters thereof, shall be subject to such laws 
and regulations as have been or may hereafter be enacted concern¬ 
ing the navigation of the canals. The Legislature shall annually, by 
equitable taxes, make provision for the expenses of the superintend¬ 
ence and repairs of the canals. All contracts for work or materials 
on any canal shall be made with the persons who shall offer to do or 
provide the same at the lowest price, with adequate security for 
their performance. No extra compensation shall be made to any 
contractor; but if, from any unforeseen cause, the terms of any 
contract shall prove to be unjust and oppressive, the Canal Board 
may, upon the application of the contractor, cancel such contract. 

IMPROVEMENT OF CANALS. 

Sec. 10. The canals may be improved in such manner as the Leg¬ 
islature shall provide by law. A debt may be authorized for that 
purpose in the mode prescribed by section four of this article, or the 
cost of such improvement may be defrayed by the appropriation of 
funds from the State treasury, or by equitable annual tax. 

ARTICLE VIII. 

CORPORATIONS, HOW CREATED, 

Section I. Corporations may be formed under general laws; but 
shall not be created by special act, except for municipal purposes, and 
in cases where, in the judgment of the Legislature, the objects of 
the corporation cannot be attained under general laws. All general 
laws and special acts passed pursuant to this section may be altered 
from time to time or repealed. 

DEBTS OF CORPORATIONS. 

Sec. 2. Dues from corporations shall be secured by such individ¬ 
ual liability of the corporators and other means as may be pre¬ 
scribed by law. 

“ CORPORATIONS ” DEFINED. 

Sec, 3. The term corporations as used in this article shall be con¬ 
strued to include all associations and joint-stock companies having 
any of the powers or privileges of corporations not possessed by in¬ 
dividuals or partnerships. And all corporations shall have the right 


lyS the government of new YORK. 

to sue and shall be subject to be sued in all courts in like cases as 
natural persons. 

Sec. 4. The Legislature shall, by general law, conform all char¬ 
ters of savings banks, or institutions for savings, to a uniformity of 
powers, rights and liabilities, and all charters hereafter granted for 
such corporations shall be made to conform to such general law, and 
to such amendments as may be made thereto. And no such cor¬ 
poration shall have any capital stock, nor shall the trustees thereof, 
or any of them, have any interest whatever, direct or indirect, in 
the profits of such corporation; and no director or trustee of any 
such bank or institution shall be interested in any loan or use of any 
money or property of such bank or institution for savings. The 
Legislature shall have no power to pass any act granting any special 
charter for banking purposes; but corporations or associations may 
be formed for such purposes under general laws. 

SPECIE PAYMENTS. 

Sec. 5. The Legislature shall have no power to pass any law sanc¬ 
tioning in any manner, directly or indirectly, the suspension of specie 
payments by any person, association or corporation, issuing bank 
notes of any description. 

REGISTRY OF BILLS OR NOTES. 

Sec. 6. The Legislature shall provide by law for the registry of 
all bills or notes, issued or put in circulation as money, and shall 
require ample security for the redemption of the same in specie. 

INDIVIDUAL RESPONSIBILITY OF STOCKHOLDERS, 

Sec. 7. The stockholders of every corporation and joint-stock 
association for banking purposes, shall be individually responsible 
to the amount of their respective share or shares of stock in any 
such corporation or association, for all its debts and liabilities of 
every kind. 

INSOLVENCY OF BANKS, PREFERENCE. 

Sec. 8. In case of the insolvency of any bank or banking associa¬ 
tion, the billholders thereof shall be entitled to preference in pay¬ 
ment, over all other creditors of such bank or association. 

CREDIT OR MONEY OF THE STATE NOT TO BE GIVEN OR LOANED. 

Sec. 9. Neither the credit nor the money of the State shall be 
given or loaned to or in aid of any association, corporation or pri- 


THE CONSTITimON. 


170 


vate undertaking. This section shall not, however, prevent the Leg¬ 
islature from making such provision for the education and support 
of the blind, the deaf and dumb, and juvenile delinquents, as to it 
may seem proper. Nor shall it apply to any fund or property now 
held, or which may hereafter be held, by the State for educational 
purposes. 

COUNTIES, ETC., NOT TO GIVE OR LOAN MONEY OR CREDIT— 
LIMITATION OF DEBTS. 

Sec. 10. No county, city, town or village shall hereafter give any 
money or property, or loan its money or credit to or in aid of any 
individual, association or corporation, or become directly or indi¬ 
rectly the owner of stock in, or bonds of, any association or corpo¬ 
ration ; nor shall any such county, city, town or village be allowed 
to incur any indebtedness except for county, city, town or village 
purposes. This section shall not prevent such county, city, town or 
village from making such provision for the aid or support of its 
poor as may be authorized by law. No county or city shall be 
allowed to become indebted for any purpose or in any manner to 
an amount which, including existing indebtedness, shall exceed 
ten per centum of the asses.sed valuation of the real estate of such 
county or city subject to taxation, as it appeared by the assessment- 
rolls of said county or city on ^ the last assessment for State or 
county taxes prior to the incurring of such indebtedness; and all 
indebtedness in excess of such limitation, except such as may now 
exist, shall be absolutely void, except as herein otherwise provided. 
No county or city whose present indebtedness exceeds ten per 
centum of the assessed valuation of its real estate subject to taxa¬ 
tion, shall be allowed to become indebted in any further amount 
until such indebtedness shall be reduced within such limit. This 
section shall not be construed to prevent the issuing of certificates 
of indebtedness or revenue bonds issued in anticipation of the col¬ 
lection of taxes for amounts actually contained, or to be contained 
in the taxes for the year when such certificates or revenue bonds 
are issued and payable out of such taxes. Nor shall this section be 
construed to prevent the issue of bonds to provide for the supply 
of water; but the term of the bonds issued to provide the supply of 
water shall not exceed twenty years and a sinking fund shall 
be created on the issuing of the said bonds for their redemption, 
by raising annually a sum which will produce an amount equal to 
the sum of the principal and interest of said bonds at their maturity. 
All certificates of indebtedness or revenue bonds issued in anticipa- 


i8o the government of new YORK. 

tion of the collection of taxes, which are not retired within five 
years after their date of issue, and bonds issued to provide for’the 
supply of water, and any debt hereafter incurred by any portion 
or part of a city, if there shall be any such debt, shall be included 
in ascertaining the power of the city to become otherwise indebted. 
Whenever hereafter the boundaries of any city shall become the 
same as those of a county, the power of the county to become 
indebted shall cease, but the debt of the county at that time exist¬ 
ing shall not be included as a part of the city debt. The amount 
hereafter to be raised by tax for county or city purposes, in any 
county containing a city of over one hundred thousand inhabitants, 
or any such city of this State, in addition to providing for the 
principal and interest of existing debt, shall not in the aggregate 
exceed in any one year two per centum of the assessed valuation 
of the real and personal estate of such county or city, to be ascer¬ 
tained as prescribed in this section in respect to county or city debt. 

ST.VTE BOARD OF CHARITIES. 

Sec. II. The Legislature shall provide for a State Board of 
Charities, which shall visit, and inspect all institutions, whether 
State, county, municipal, incorporated or not incorporated, which 
are of a charitable, eleemosynary, correctional or reformatory char¬ 
acter, excepting only such institutions as are hereby made subject 
to the visitation and inspection of either of the commissions here¬ 
inafter mentioned, but including all reformatories except those in 
which adult males convicted of felony shall be confined; a State 
Commission in Lunacy, which shall visit and inspect all institutions, 
either public or private, used for the care and treatment of the 
insane (not including institutions for epileptics or idiots) ; a State 
Commission of Prisons which shall visit and inspect all institutions 
used for the detention of sane adults charged with or convicted 
of crime, or detained as witnesses or debtors. 

Sec. 12. The members of the said board and of the said com¬ 
missions shall be appointed by the Governor, by and with the advice 
and consent of the Senate; and any member may be removed from 
office by the Governor for cause, an opportunity having been given 
him to be heard in his defense. 

INSPECTION OF INSTITUTIONS. 

Sec. 13. Existing laws relating to institutions referred to in the 
foregoing sections and to their supervision and inspection, in so 


THE CONSTITUTION. 


i8i 


far as such laws are not inconsistent with the provisions of the 
Constitution, shall remain in force until amended or repealed by 
the Legislature. The visitation and inspection herein provided 
for shall not be exclusive of other visitation and inspection nov/ 
authorized by law. 

MAINTENANCE OF CHARITABLE INSTITUTIONS. 

Sec. 14. Nothing in this Constitution contained shall prevent the 
Legislature from making such provision for the education and sup¬ 
port of the blind, the deaf and dumb, and juvenile delinquents, as 
to it may seem proper; or prevent any county, city, town or village 
from providing for the care, support, maintenance and secular edu¬ 
cation, of inmates of orphan asylums, homes for dependent children 
or correctional institutions, whether under public or private control. 
Payments by counties, cities, towns and villages to charitable, elee¬ 
mosynary, correctional and reformatory institutions, wholly or 
partly under private control, for care, support and maintenance, 
may be authorized, but shall not be required by the Legislature. 
No such payments shall be made for any inmate of such institu¬ 
tions who is not received and retained therein pursuant to rules 
established by the State Board of Charities. Such rules shall be 
subject to the control of the Legislature by general laws. 

COMMISSIONERS—TERMS OF OFFICE, ETC. 

Sec. 15. Commissioners of the State Board of Charities and Com¬ 
missioners of the State Commission in Lunacy, now holding office 
shall be continued in office for the term for which they were ap¬ 
pointed respectively, unless the Legislature shall otherwise provide. 
The Legislature may confer upon the commissions and upon the 
board mentioned in the foregoing sections any additional powers 
that are not inconsistent with other provisions of the Constitution. 

ARTICLE IX. 

PROVISION FOR MAINTENANCE OF FREE SCHOOLS. 

Section i. The Legislature shall provide for the maintenance and 
support of a system of free common schools, wherein all the chil¬ 
dren of this State may be educated. 

UNIVERSITY OF THE STATE OF NEW YORK. 

Sec. 2. The corporation created in the year one thousand seven 
hundred and eighty-four, under the name of The Regents of the 


i 82 


THE GOVERNMENT OF NEW YORK. 


University of the State, of New York, is hereby continued under 
the name of the University of the State of New \ork. It shall 
be governed and its corporate powers, which may be increased, 
modified or diminished by the Legislature, shall be exercised, by 
not less than nine regents. 

COMMON-SCHOOL LITERATURE AND UNITED STATES DEPOSIT FUNDS. 

Sec. 3. The capital of the common-school fund, the capital of 
the literature fund, and the capital of the United States deposit 
fund, shall be respectively preserved inviolate. The revenue of 
the said common-school fund shall be applied to the support of 
common schools; the revenue of the said literature fund shall be 
applied to the support of academies; and the sum of twenty-five 
thousand dollars of the revenues of the United States deposit fund 
shall each year be appropriated to and made part of the capital of 
the said common-school fund. 

property, credit or public money not to be used. 

Sec. 4. Neither the State, nor any subdivision thereof, shall use 
its property or credit or any public money, or authorize or permit 
either to be used, directly or indirectly, in aid or maintenance, other 
than for examination or inspection, of any school or institution of 
learning wholly or in part under the control or direction of any 
religious denomination, or in which any denominational tenet or 
doctrine is taught. 

ARTICLE X. 

UOVERNOR MAY REMOVE CERTAIN OFFICERS. 

Section i. Sheriffs, clerks of counties, district attorneys, and reg¬ 
isters in counties having registers, shall be chosen by the electors 
of the respective counties, once in every three years and as often 
as vacancies shall happen, except in the counties of New York and 
Kings, and in counties whose boundaries are the same as those of 
a city, where such officers shall be chosen by the electors once in 
every two or four years as the Legislature shall direct. Sheriffs 
shall hold no other office, and be ineligible for the next term after 
the termination of their offices. They may be required by law to 
renew their security, from time to time; and in default of giving 
such new security, their offices shall be deemed vacant. But the 
county shall never be made responsible for the acts of the sheriff. 
The Governor may remove any officer, in this section mentioned, 
within the term for which he shall have been elected; giving to 


THE CONSTITUTION. 183 

such officer a copy of the charges against him, and an opportunity 
of being heard in his defense. 

Sec. 2. All county officers, whose election or appointment is not 
provided for by this Constitution, shall be elected by the electors 
of the respective counties or appointed by the boards of supervisors, 
or other county authorities, as the Legislature shall direct. All 
city, town and village officers, whose election or appointment is not 
provided for by this Constitution, shall be elected by the electors 
of such cities, towns and villages, or of some division thereof, or 
appointed by such authorities thereof, as the Legislature shall 
designate for that purpose. All other officers, whose election or 
appointment is not provided for by this Constitution, and all officers, 
whose offices may hereafter be created by law, shall be elected by 
the people, or appointed, as the Legislature may direct. 

DURATION OF OFFICE. 

Sec. 3. When the duration of any office is not provided by this 
Constitution, it may be declared by law, and if not so declared, such 
office shall be held during the pleasure of the authority making the 
appointment. 

time of election. 

Sec. 4. The time of electing all officers named in this article shall 
be prescribed by law. 

vacancies in office. 

Sec. 5. The Legislature shall provide for filling vacancies m 
office, and in case of elective officers, no person appointed to fill a 
vacancy shall hold his office by virtue of such appointment longer 
than the commencement of the political year next succeeding the 
first annual election after the happening of the vacancy. 

POLITICAL YEAR. 

Sec. 6. The political year and legislative term shall begin on the 
first day of January; and the Legislature shall, every year, assem¬ 
ble on the first Wednesday in January. 

REMOVALS FROM OFFICE. 

Sec. 7. Provision shall be made by law for the removal for mis¬ 
conduct or malversation in office of all officers, except judicial, 
whose powers and duties are not local or legislative and who shall 
be elected at general elections, and also for supplying vacancies 
created by such removal. 


184 


THl'. GOVERNMENT OF NEW YORK. 


WHEN OFFICE DEEMED VACANT. 

Sec. 8 . The Legislature may declare the cases in which any office 
shall be deemed vacant when no provision is made for that pur¬ 
pose in this Constitution. 

COMPENSATION OF CERTAIN OFFICERS. 

Sec. 9. No officer whose salary is fixed by the Constitution shall 
receive any additional compensation. Each of the other State 
officers named in the Constitution shall, during his continuance in 
office, receive a compensation, to be fixed by law, which shall not 
be increased or diminished during the term for which he shall 
have been elected or appointed; nor shall he receive to his use 
any fees or perquisites of office or other compensation. 

ARTICLE XL 

MILITIA. 

Section i. All able-bodied male citizens between the ages of 
eighteen and forty-five years, who are residents of the State, shall 
constitute the militia, subject, however, to such exemptions as are 
now, or may be hereafter created by the laws of the United States, 
or by the Legislature of this State. 

PROVISION FOR ENLISTMENT. 

Sec. 2. The Legislature may provide for the enlistment into the 
active force of such other persons as may make application to be 
so enlisted. 


ORGANIZATION AND MAINTENANCE OF MILITIA. 

Sec. 3. The militia shall be organized and divided into such land 
and naval, and active and reserve forces, as the Legislature may 
deem proper, provided, however, that there shall be maintained at 
all times a force of not less than ten thousand enlisted men, fully 
uniformed, armed, equipped, disciplined and ready for active service. 
And it shall be the duty of the Legislature at each session to make 
sufficient appropriations for the maintenance thereof. 

OFFICERS TO BE APPOINTED BY THE GOVERNOR. 

Sec. 4. The Governor shall appoint the chiefs of the several staff 
departments, his aides-de-camp and military secretary, all of whom 
shall hold office during his pleasure, their commissions to expire 
with the term for which the Governor shall have been elected; he 


THE CONSTITUTION. 


185 

shall also nominate, and with the consent of the Senate appoint, 
all major-generals. 

COMMISSIONED AND NON-COMMISSIONED OFFICERS, HOW CHOSEN. 

Sec. 5. All other commissioned and non-commissioned officers 
shall be chosen or appointed in such manner as the Legislature may 
deem most conducive to the improvement of the militia, provided, 
however, that no law shall be passed changing the existing mode 
of election and appointment unless two-thirds of the members pres¬ 
ent in each house shall concur therein. 

OFFICERS, HOW COMMISSIONED. 

Sec. 6. The commissioned officers shall be commissioned by the 
Governor as commander-in-chief. No commissioned officer shall 
be removed from office during the term for which he shall have 
been appointed or elected, unless by the Senate on the recom¬ 
mendation of the Governor, stating the grounds on which such 
removal is recommended, or by the sentence of a court-martial, or 
upon the findings of an examining board organized pursuant to 
law, or for absence without leave for a period of six months or 
more. 


ARTICLE XII. 

PROVISION FOR ORGANIZATION OF CITIES, INCORPORATED VILLAGES, ETC. 

Section i. It shall be the duty of the Legislature to provide for 
the organization of cities and incorporated villages, and to restrict 
their power of taxation, assessment, borrowing money, contracting 
debts, and loaning their credit, so as to prevent abuses in assess¬ 
ments, and in contracting debt by such municipal corporations. 

classification of cities, etc. 

Sec. 2. All cities are classified according to the latest State 
enumeration, as from time to time made, as follows: The first class 
includes all cities having a population of two hundred and fifty 
thousand, or more; the second class, all cities having a population 
of fifty thousand and less than two hundred and fifty thousand; 
the third class, all other cities. Laws relating to the property, 
affairs of government of cities, and the several departments thereof, 
are divided into general and special city laws; general city laws 
are those which relate to all the cities of one or more classes; 
special city laws are those which relate to a single city, or to less 
than all the cities of a class. Special city laws shall not be passed 


I86 the government of new YORK. 

except in conformity with the provisions of this section. After any 
bill for a special city law, relating to a city, has been passed by 
both branches of the Legislature, the house in which it originated 
shall immediately transmit a certified copy thereof to the mayor 
of such city, and within fifteen days thereafter the mayor shall 
return such bill to the house from which it was sent, or if the 
session of the Legislature at which such bill was passed has termi¬ 
nated, to the Governor, with the mayor’s certificate thereon, stating 
whether the city has or has not accepted the same. 

In every city of the first class, the mayor, and in every other 
city, the mayor and the legislative body thereof concurrently, shall 
act for such city as to such bill; but the Legislature may provide 
for the concurrence of the legislative body in cities of the first 
class. The Legislature shall provide for a public notice and oppor¬ 
tunity for a public hearing concerning any such bill in every city 
to which it relates, before action thereon. Such a bill, if it relates 
to more than one city, shall be transmitted to the mayor of each 
city to which it relates, and shall not be deemed accepted unless 
accepted as herein provided, by every such city. Whenever any 
such bill is accepted as herein provided, it shall be subject as are 
other bills, to the action of the Governor. Whenever, during the 
session at which it was passed, any such bill is returned without 
the acceptance of the city or cities to which it relates, or within 
such fifteen days is not returned, it may nevertheless again be 
passed by both branches of the Legislature, and it shall then be 
subject as are other bills, to the action of the Governor. In every 
special city law which has been accepted by the city or cities to 
which it relates, the title shall be followed by the words “ accepted 
by the city,” or “cities,” as the case may be; in every such law 
which is passed without such acceptance, by the words “ passed 
without the acceptance of the city,” or “ cities,” as the case may be. 

ELECTIONS, HOW HELD. 

Sec. 3. All elections of city officers, including supervisors and 
judicial officers of inferior local courts, elected in any city or part 
of a city, and of county officers elected in the counties of New York 
and Kings, and in all counties whose boundaries are the same as 
those of a city, except to fill vacancies, shall be held on the Tues¬ 
day succeeding the first Monday in November in an odd-numbered 
year, and the term of every such officer shall expire at the end of 
an odd-numbered year. The terms of office of all such officers 
elected before the first day of January, one thousand eight hundred 


THE CONSTITUTION. 


187 

and ninety-five, whose successors have not then been elected, which 
under existing laws would expire with an even-numbered year, or 
in an odd-numbered year and before the end thereof, are extended 
to and including the last day of December next following the time 
when such terms would otherwise expire; the terms of office of 
all such officers, which under existing laws would expire in an 
even-numbered year, and before the end thereof, are abridged so 
as to expire at the end of the preceding year. This section shall 
not apply to any city of the third class, or to elections of any 
judicial officer, except judges and justices of inferior local courts. 

ARTICLE XIII. 

OATH OF OFFICE. 

Section i. Members of the Legislature, and all officers, executive 
and judicial, except such inferior officers as shall be by law ex¬ 
empted, shall, before they enter on the duties of their respective 
offices, take and subscribe the following oath or affirmation: “ I do 
solemnly swear (or affirm) that I will support the Constitution of 
the United States, and the Constitution of the State of New York, 

and that I will faithfully discharge the duties of the office of-, 

according to the best of my ability;” and all such officers who 
shall have been chosen at any election shall, before they enter on 
the duties of their respective offices, take and subscribe the oath 
or affirmation above prescribed, together with the following addi¬ 
tion thereto, as part thereof: 

“ And I do further solemnly swear (or affirm) that I have not 
directly or indirectly paid, offered or promised to pay, contribute, 
or offered or promised to contribute any money or other valuable 
thing as a consideration or reward for the giving or withholding 
a vote at the election at which I was elected to said office, and have 
not made any promise to influence the giving or withholding any 
such vote,” and no other oath, declaration or test shall be required 
as a qualification for any office of public trust. 

BRIBERY AND CORRUPTION. 

Sec. 2. Any person holding office under the laws of this State, 
who, except in payment of his legal salary, fees or perquisites, shall 
receive or consent to receive, directly or indirectly, any thing of 
value or of personal advantage, or the promise thereof, for perform¬ 
ing or omitting to perform any official act, or with the express or 
implied understanding that his official action or omission to act is 



THE GOVERNMENT OF NEW YORK. 


to be in any degree influenced thereby, shall be deemed guilty of 
a felony. This section shall not affect the validity of any existing 
statute in relation to the offense of bribery. 

OFFER OF BRIBERY A FELONY. 

Sec. 3. Any person who shall offer or promise a bribe to an 
officer, if it shall be received, shall be deemed guilty of a felony 
and liable to punishment, except as herein provided. No person 
offering a bribe shall, upon any prosecution of the officer for receiv¬ 
ing such bribe, be privileged from testifying in relation thereto, 
and he shall not be liable to civil or criminal prosecution therefor, 
if he shall testify to the giving or offering of such a bribe. Any 
person who shall offer or promise a bribe, if it be rejected by the 
officer to whom it was tendered, shall be deemed guilty of an attempt 
to bribe, which is hereby declared to be a felony. 

WITNESS. 

Sec. 4. Any person charged with receiving a bribe, or with offer¬ 
ing or promising a bribe, shall be permitted to testify in his own 
behalf in any civil or criminal prosecution therefor. 

FREE passes OR TRANSPORTATION, A MISDEMEANOR. 

Sec. 5. No public officer, or person elected or appointed to a 
public office, under the laws of this State, shall directly or indirectly 
ask, demand, accept, receive or consent to receive for his own use 
or benefit, or for the use or benefit of another, any free pass, free 
transportation, franking privilege or discrimination in passenger, 
telegraph or telephone rates, from any person or corporation, or 
make use of the same himself or in conjunction with another. A 
person who violates any provision of this section, shall be deemed 
guilty of a misdemeanor, and shall forfeit his office at the suit of 
the Attorney-General. Any corporation, or officer or agent thereof, 
who shall offer or promise to a public officer, or person elected or 
appointed to a public office, any such free pass, free transportation, 
franking privilege or discrimination, shall also be deemed guilty 
of a misdemeanor and liable to punishment except as herein pro¬ 
vided. No person, or officer or agent of a corporation giving any 
such free pass, free transportation, franking privilege or discrim¬ 
ination hereby prohibited, shall be privileged from testifying in 
relation thereto, and he shall not be liable to civil or criminal prose¬ 
cution therefor if he shall testify to the giving of the same. 


THE CONSTITUTION. 


189 


REMOVAL OF DISTRICT ATTORNEY. 

Sec. 6. Any district attorney who shall fail faithfully to prosecute 
a person charged with the violation in his county of any provision 
of this article which may come to his knowledge, shall be removed 
from office by the Governor, after due notice and an opportunity 
of being heard in his defense. The expenses which shall be in¬ 
curred by any county, in investigating and prosecuting any charge 
of bribery or attempting to bribe any person holding office under 
the laws of this State, within such county, or of receiving bribes 
by any such person in said county, shall be a charge against the 
State, and their payment by the State shall be provided for by law. 

ARTICLE XIV. 

AMENDMENTS. 

Section i. Any amendment or amendments to this Constitution 
may be proposed in the Senate and Assembly; and if the same shall 
be agreed to by a majority of the members elected to each of the 
two houses, such proposed amendment or amendments shall be 
entered on their journals, with the yeas and nays taken thereon, 
and referred to the Legislature to be chosen at the next general 
election of senators, and shall be published for three months previous 
to the time of making such choice; and if in the Legislature so 
next chosen, as aforesaid, such proposed amendment or amend¬ 
ments shall be agreed to by a majority of all the members elected 
to each house, then it shall be the duty of the Legislature to sub¬ 
mit such proposed amendment or amendments to the people for 
approval in such manner and at such times as the Legislature shall 
prescribe; and if the people shall approve and ratify such amend¬ 
ment or amendments by a majority of the electors voting thereon, 
such amendment or amendments shall become a part of the Con¬ 
stitution from and after the first day of January next after such 
approval. 

CONSTITUTIONAL CONVENTION. 

Sec. 2. At the general election to be held in the year one thousand 
nine hundred and sixteen, and every twentieth year thereafter, and 
also at such times as the Legislature may by law provide, the ques¬ 
tion : ” Shall there be a convention to revise the Constitution and 
amend the same?” shall be decided by the electors of the State; 
and in case a majority of the electors voting thereon shall decide 
in favor of a convention for such purpose, the electors of every 


190 


THE GOVERNMENT OE NEW YORK. 


senate district of the State, as then organized, shall elect three 
delegates at the next ensuing general election at which members of 
the Assembly shall be chosen, and the electors of the State voting 
at the same election shall elect fifteen delegates-at-large. The dele¬ 
gates so elected shall convene at the capitol on the first Tuesday 
of April next ensuing after their election, and shall continue their 
session until the business of such convention shall have been com¬ 
pleted. Every delegate shall receive for his services the same 
compensation and the same mileage as shall then be annually pay¬ 
able to the members of the Assembly. A majority of the conven¬ 
tion shall constitute a quorum for the transaction of business, and 
no amendment to the Constitution shall be submitted for approval 
to the electors as hereinafter provided, unless by the assent of a 
majority of all the delegates elected to the convention, the yeas and 
nays being entered on the journal to be kept. The convention shall 
have the power to appoint such officers, employees and assistants 
as it may deem necessary, and fix their compensation and to pro¬ 
vide for the printing of its documents, journal and proceedings. 
The convention shall determine the rules of its own proceedings, 
choose its own officers, and be the judge of the election, returns and 
qualifications of its members. In case of a vacancy, by death, 
resignation or other cause, of any district delegate elected to the 
convention, such vacancy shall be filled by a vote of the remaining 
delegates representing the district in which such vacancy occurs. If 
such vacancy occurs in the office of a delegate-at-large, such vacancy 
shall be filled by a vote of the femaining delegates-at-large. Any 
proposed constitution or constitutional amendment which shall have 
been adopted by such convention, shall be submitted to a vote of 
the electors of the State at the time and in the manner provided 
by such convention, at an election which shall be held not less than 
six weeks after the adjournment of such convention. Upon the 
approval of such constitution or constitutional amendments, in the 
manner provided in the last preceding section, such constitution or 
constitutional amendment, shall go into effect on the first day of 
January next after such approval. 

CONSTITUTIONAL AMENDMENTS TO SUPERSEDE AMENDMENTS BY 
LEGISLATURE. 

Sec. 3. Any amendment proposed by a constitutional convention 
relating to the same subject as an amendment proposed by the Leg¬ 
islature, coincidentally submitted to the people for approval at the 
general election held in the year one thousand eight hundred and 


THE CONSTITUTION. 


191 

ninety-four, or at any subsequent election, shall, if approved, be 
deemed to supersede the amendment so proposed by the Legislature. 

ARTICLE XV. 

Section i. This Constitution shall be in force from and including 
the first day of January, one thousand eight hundred and ninety- 
five, except as herein otherwise provided. 

Done in Convention at the Capitol in the city of Albany, the 
twenty-ninth day of September, in the year one thousand 
eight hundred and ninety-four, and of the Independence 
of the United States of America the one hundred and 
nineteenth. 

In witness whereof, we have hereunto subscribed our 
names. 


JOSEPH HODGES CHOATE, 

President and Delegate-at-Large. 

CHARLES ELLIOTT FITCH, 

Secretary. 


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INDEX. 


Amendments, chap. 13. 

Appeals, 58. 

Appointments, 35-36. 

Arraignment, 55. 

Arrest, 53. 

Assessments, 108. 

Attorney-General, 34. 

Bail, 53. 

Ballot, 93. 

Board of Regents, State, 128. 

Boss in politics, 102. 

Budget, State, 118. 

Buffalo, City of, 78; legislative, 78; 
executive, 79; judicial, 80. 

Campaign funds, 99. 

Canvass, 97. 

Challenges, in trials, 56; in election, 96. 
Cities of the second class, 80. 

City charters, 72-73. 

City schools, 131. 

City tax, in. 

Civil cases, 51, 58. 

Collection of taxes, in. 

Commissioner of education. State, 127, 
128. 

Complaint, 52, 53. 

Comptroller, State, 34, 118. 
Compulsory education, 132. 
Conventions, political, 90; constitu¬ 
tional, 139. 

Coroners’ courts, 45. 


County officials, 64-65. 

County tax, no. 

County, the, 64. 

Court of Appeals, 41. 

Court of Claims, 46. 

Courts, 40 ff. 

Criminal cases, 51. 

Criticism of city governments, 80; 
evils, 81; remedies, 82. 

Debts, State, 120, 121. 

Delegations to conventions, 92. 
Divisions of State, 63. 

Education, chap. 13. 

Election districts, 94. 

Election frauds, 98. 

Elections, chap. 10. 

Engineer and Surveyor, State, 34. 
Equalization of assessments, 109. 
Examinations, of prisoners, 53; in 
schools, 134. 

Executive, chap. 5. 

Expenditures, State, 119. 

Finances, State, chap. n. 

Governor, duties of, 33; powers of, 
36; veto, 38. 

Grand jury, 54. 

Impeachment, 41. 

Independent nominations, 92, 104. 


193 






194 


INDEX. 


Judges, 46-48. 

Judiciary, chap. 6. 

Jury, 55- 

Jury system, defects of, 59; advantages 
of, 60; necessity of reform, 61. 
Justices of the Peace, 44. 

Laws, how made, 27-28; delay, 48; 

general and special, 72. 

Legislature, chap. 3-4; restrictions, 
120. 

Lieutenant-Governor, 33. 

Lobby, 28. 

Local government, 68-69. 

Machine in politics, loi. 
Money-power in politics, 103-104. 

National conventions, 90. 

Newspapers, influence of, 84. 

New York City, 74; legislative, 75; 
executive, 76; financial, 77; judicial, 
78; boroughs of, 78. 

Nominations, 92, 93, 100. 

Normal schools, 131. 

Party system, good and evils of, 102. 
Plea, 55. 

Political parties, 87, organization of, 

88 . 

Politics in schools, 135, 136. 

Primaries, 89, 91, 100. 

Private schools, 133. 


Privileges of election, 87. 

Procedure, rules of, 51; complications 
in, 59 - 

Revenues, State, 117. 

Rights, 7-10. 

School commissioners, 130. 

School districts, 129, 130. 

School meetings, 129. 

School trustees, 129. 

Secretary of State, 34. 

Sinking Fund, State, i2T. 

Special Schools, 132. 

State tax, no. 

Supreme Court, 42. 

Surrogates’ courts, 44. 

Taxation, local, chap. ri. 

Tax rates, 114. 

Teachers’ licenses, 132. 

Town, 65. 

Town tax, no. 

Treasurer, State, 34, 118. 

Trial, steps in, 56. 

Undervaluation, 113. 

University of State, 127. 

Village, 66-67. 

Village tax, in. 

Voters, qualifications of, lo-n; edu¬ 
cation of, 105. 

Voting, process, 95-96. 



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